- 1 - HC-KAR NC: 2026:KHC:30675-DB WA No. 1697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1697 OF 2025 (S-RES) BETWEEN: 1. THE BANGALORE WATER SUPPLY AND SEWERAGE BOARD, REPRESENTED BY ITS CHAIRMAN, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009. 2. THE CHIEF ADMINISTRATIVE OFFICER, BANGALORE WATER SUPPLY AND SEWARAGE BOARD, CAUVERY BHAVAN, K.G. ROAD, BANGALORE - 560 009. …APPELLANTS (BY SRI. B.L. SRINIVASA, ADVOCATE FOR SRI. B.L. SANJEEV, ADVOCATE) AND: 1. SMT. K.N. ROOPA, W/O M. RANGANATH, AGED ABOUT 50 YEARS, WORKING AS SUPERINTENDENT BENGALURU WATER SUPPLY AND SEWERAGE BOARD, O/O AEE N-2-1 SUB DIVISION, YELAHANKA NEW TOWN, BENGALURU - 560 064. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:30675-DB WA No. 1697 of 2025 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SRI. VIJAYAKUMAR, ADVOCATE FOR C/R1, SRI. B. RAVINDRANATH, AGA FOR R2) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED:20.08.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WP No.12998/2023(S-RES) AND CONSEQUENTLY DISMISS THE SAID WP IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 20.08.2025 passed by the writ Court in WP.No.12998/2023 filed by the respondent. - 3 - HC-KAR NC: 2026:KHC:30675-DB WA No. 1697 of 2025 2. The controversy involved in the present appeal is in a narrow compass. The Bangalore Water Supply and Sewerage Board cadre Recruitment and Promotion Rules 1981, Schedule-II (Amendment)-2004, provide for recruitment to the post of Junior Engineer from two sources i.e., 90% by Direct recruitment and 10% by promotion of the Ministerial Cadre Staff (Group C) of the Board possessing requisite qualification. 3. The qualifications for direct recruitment are that the candidate must possess 3 years Diploma in Engineering or Technology or equivalent, preferably in Public Health Engineering along with six months duration course in Computer Science. However, in respect of 10% promotion only it has been said that the candidate should possess a requisite qualification. 4. The respondent is being in ministerial cadre of the appellant board having B.E degree in Electrical and Electronics. The respondent has been deprived promotion to the position of Junior Engineer against 10% quota only - 4 - HC-KAR NC: 2026:KHC:30675-DB WA No. 1697 of 2025 on the ground that she possesses higher qualification then required for appointment to the post of Junior Engineer i.e., 3 years Diploma. 5. Learned Single Judge therefore, considering the fact that higher qualification in the same stream cannot be a disqualification, has allowed the writ petition vide the impugned judgment and order and set-aside the endorsement dated 30.05.2023 issued by the appellant denying promotion to the respondent only on the ground that she is highly qualified i.e., B.E and does not have Diploma to her credit. 6. Higher qualification in the stream cannot be considered as disqualification for promotion particularly when the Rule 7 of the aforesaid rules provides that the 10% posts of Junior Engineer cadre shall be filled by promotion of Ministerial cadre (Group C) having requisite qualification. It is not the case of the respondent that B.E degree holders cannot be appointed as Junior Engineer. The diploma is not the only qualification for appointment - 5 - HC-KAR NC: 2026:KHC:30675-DB WA No. 1697 of 2025 to the post of Junior Engineer, even a person holding B.E decree can also be appointed as Junior Engineer. We therefore, find no substance in the writ appeal and the appeal is dismissed. In view of the dismissal of the appeal, pending I.As., if any, does not survive for consideration and the same are disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 2 ct-vn