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2026 DAILYLAW 1799 (KAR)

KUM. YOGESHWARI S v. THE REGISTRAR GENERAL

WP/20084/2025 · 2026-03-24

S R Krishna Kumar

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20084 OF 2025 (S-RES) BETWEEN: 1. KUM. YOGESHWARI S D/O DIWAKAR S. AGED ABOUT 28 YEARS, R/O DOOR NO.55, WARD NO.10, NEAR MARISWAMY MUTT, MARATHI BIKKOJI RAO STREET, BALLARI - 583 101. …PETITIONER (BY SRI. JANARDHANA G., ADVOCATE) AND: 1. THE REGISTRAR GENERAL HON'BLE HIGH COURT OF KARNATAKA, DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. THROUGH HIGH COURT GOVT. PLEADER. 2. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE CHIKKABALLAPURA COURT COMPLEX, CHIKKABALLAPURA - 562 101 REP. THROUGH HIGH COURT GOVT. PLEADER. …RESPONDENTS (BY SRI. B.V. VIDYULATHA, ADVOCATE) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT FOR QUASHING ANNEXURE-H PROVISIONAL SELECTION ORDER/LIST DATED 05/04/2025 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 PUBLISHED UPURSUANT TO RECRUITMENT NOTIFICATION BEARING NO.ADM.01/2023 DATED 19/12/2023 ISSUED BY THE 2ND RESPONDENT, THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, CHIKKABALLAPURA DISTRICT AS THE SAME IS ARBITRARY IN NATURE AT ANNEXURE-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioner has sought for the following reliefs: "a) Issue a Writ in the nature of Certiorari or any other appropriate Writ for quashing ANNEXURE-H Provisional Selection Order/List dated 05/04/2025 published pursuant to recruitment Notification bearing No.ADM.01/2023 dated 19/12/2023 issued by the 2nd respondent, the Principal District and Sessions Judge, Chikkaballapura District as the same is arbitrary in nature ; at Annexure-H b) Consequently, issue a Writ in the nature of Mandamus or any other appropriate Writ or order directing the 1st and 2nd Respondent to publish the merit list/selection list for the recruitmeCalibrint to the post of Typist-Copyist in compliance of Rule 4(1)(h), Karnataka Sub-Ordinate Courts (Ministerial and OtheCalibrir Posts), (Recruitment) (Amendment) Rules, 2007 in view of the Letter No.DJA- - 3 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 1/2024 dated 27/06/2024 issued by the 1st respondent, at Annexure-K. c) Consequently, issue a Writ in the nature of Certiorari quashing the Selection made to the post of Stenographer Grade-III and to the post of Typist vide Selection Lists dated 05/04/2024 and 13/09/2024 produced at Annexures-L & M and consequently, issue Mandamus or any other appropriate Writ or order directing the 1st and 2nd Respondent to redraw and publish the merit list/selection list for the recruitment for the post of Stenographer Grade-III and to the post of Typist in compliance of Rule 4(1)(h), Karnataka Sub-Ordinate Courts (Ministerial and Other Posts), (Recruitment) (Amendment) Rules, 2007, in view of the letter No.DJA-1/2024 dated 27/06/2024 issued by the 1st respondent, at Annexure-K. d) Issue a Writ in the nature of Mandamus or any other appropriate Writ, to consider the representation/objections of the petitioner dated 15/04/2025 at ANNEXURE-J and pass appropriate orders. e) Pass such other order/orders, directions as this Hon'ble Court deems fit in the circumstances of the case including an order as to the costs of the present Writ Petition, in the interest of justice and equity." 2. Heard learned counsel for the petitioner and learned counsel for the respondents and perused the materials on record. - 4 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 3. Learned counsel for the petitioner submits that the entire process of conducting first round skill test on 02.01.2025 and 03.01.2025, second round skill test on 05.04.2025 culminating in the impugned order at Annexure - H dated 05.04.2025 and provisionally selecting Smt. Srushti Vijayakumar Shirolkar under the category G.M. (Women), to which the petitioner belongs is illegal, arbitrary and contrary to the notification and the same deserve to be quashed. 4. Per contra, learned counsel for the respondents would invite my attention to the category wise cut off marks of typist- copyists skill test notification No.ADM/01/2023 dated 06.03.2025 in order to point out that the minimum cut off marks for the category GM (Women) was 175 while, the petitioner had secured only 155 marks in the skill test No.1 conducted on 02.01.2025 and 03.01.2025, as a result of which, the petitioner did not qualify for the second round skill test and aforesaid Smt. Srushti Vijayakumar Shirolkar having secured 186 marks in the first round skill test and 194.5 marks in the second round skill test was selected in accordance with law and in terms of the notification and as such, - 5 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 there is no merit in the petition and the same is liable to be dismissed. 5. Learned counsel for the respondents submitted that the petitioner having secured 155 marks, which are 20 marks lesser than the minimum cut off marks of 175 does not have locus standi to file the present petition nor challenge or assail the selection of Smt. Srushti Vijayakumar Shirolkar, who had secured more than the cut off marks in both the first round skill test and second round skill test and as such, there is no merit in the petition and the same is liable to be dismissed. 6. I have given my anxious consideration to the rival submissions and perused the material on record. 7. A perusal of the material on record will indicate that on 19.12.2023, respondent No.2 issued a recruitment Notification No.ADM.01/2023 dated 19.12.2023 for direct recruitment of 6 vacant posts for the post of typist - copyist comprising of the following categories. Sl. No. Name of Categories No. of posts 1 ST 1 - 6 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 2 2B (Women) 1 3 2A (DP) 1 4 GM - (Women) 1 5 GM - (Rural) 1 6 GM - (Others) 1 8. In pursuance of the said notification, the petitioner having submitted an online application, the second respondent scrutinized all the applications and conducted a first round skill test on 02.01.2025 and 03.01.2025, in which the petitioner secured 155 marks as can be seen from Annexure - D, which are the results of the first round skill test mark list. Similarly, the aforesaid Smt. Srushti Vijayakumar Shirolkar secured 186 marks in the very same first round skill test as can be seen from Annexure - F issued by the respondents. 9. On 05.04.2025, in respect of candidates who had obtained the minimum cut off marks, respondent No.2 conducted second round skill test and viva voce, which culminated in second round skill test marks list as per Annexure - G in which aforesaid Smt. Srushti Vijayakumar Shirolkar secured 194.5 and her name - 7 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 along with 29 others is also found in the eligible candidate list of typist - copies for second round skill test dated 05.03.2025. 10. As can be seen from the list of eligible candidates, who had secured minimum cut-off marks in first round skill test and qualified for the second round skill test, aforesaid Smt. Srushti Vijayakumar Shirolkar had successfully obtained more than the cut- off marks and had successfully qualified and was accordingly selected as per the impugned provisional select list, which is as hereunder. "PROCEEDINGS OF THE PRL. DISTRICT AND SESSIONS JUDGE AT CHIKKABALLAPURA. Sub: Provisional Selection List of Typist-Copyists. Read:-1) This office Notification No.ADM.01/2023 dated 19.12.2023. 2) This office interview 2nd and 3rd January 2025. 3) II Round Skill Test and Viva conducted on 05.04.2025. 4) This office Note and orders passed thereon. ORDER NO.ADM/54/2025 CHIKKABALLAPURA, DATED: 05.04.2025. The following candidates are provisionally selected to the post of Typist-Copyists called for vide Notification No. cited at reference No.1 above of this office: - - 8 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 Application No. Name of the candidate Category under which selected. CBP2363TCP001225 NIRMALA.R S.T. CBP2363TCP001489 NASAREEN SHEKH II-B CBP2363TCP001226 ANIL II-A(D.P) CBP2363TCP000665 SRUSHTI VIJAYAKUMAR SHIROLKAR G.M. (Women) CBP2363TCP001241 SOWMYA KRISHNA NAIK G.M. (Rural) CBP2363TCP000703 LAVANYA.P G.M. (Others) The selected candidates for the post of Typist-Copyists as detailed above shall appear for verification of the original certificates before the Prl. District & Sessions Judge, Chikkaballapura on 19.04.2025, by 10.00 AM without fail. On failure to appear before this office as ordered, the candidature will be deemed to be cancelled. (N.V. BHAVANI) Prl. District and Sessions Judge, Chikkaballapura." 11. The aforesaid facts and circumstances make it clear that while on one hand the petitioner had secured 155 marks in the - 9 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 first round skill test and was not eligible to take up the second round skill test or the viva voce, to be conducted by the respondent No.2, the aforesaid Smt. Srushti Vijayakumar Shirolkar had secured 186 marks in the first round skill test and 194.5 marks in the second round skill test and viva voce, as a result of which, the respondent No.2 had successfully qualified and become eligible to be appointed under the category GM (women), which is perfectly and correctly in consonance/conformity with the requirements as per the notification dated 19.12.2023. Under these circumstances, it is clearly impermissible in law to interfere with the selection process or the appointment of Smt. Srushti Vijayakumar Shirolkar under the category GM (Women) at the instance of the petitioner, who undisputedly secured 155 marks, which was much lesser than the minimum cut off marks prescribed in the first round skill test. 12. Accordingly, I do not find any illegality or infirmity in the selection process or in the impugned provisional selection list which cannot be questioned at the instance of the petitioner, who had secured 155 marks, which were much lesser than the minimum cut off marks of 175 prescribed under the category GM (Women). - 10 - HC-KAR NC: 2026:KHC:16630 WP No. 20084 of 2025 13. I do not find any merit in the petition and the same is thereby dismissed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BH List No.: 1