- 1 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21530 OF 2021 (S-PRO) BETWEEN: SRI SHRISHAIL R NILAJAGI AGED ABOUT 51 YEARS S/O SRI RAMAPPA WORKING AS FIRST DIVISION ASSISTANT OFFICE OF THE PRINCIPAL CIVIL JUDGE AND JMFC COURT JAMAKHANDI - 587301 BAGALKOTE DISTRICT R/O MELINA KUMBARI GALLI RABAKAVI POST RABAKAVI BANAHATTI TALUK- 587314 BAGALKOT DISTRICT …PETITIONER (BY SRI. RAJASHEKAR P., & R NAVEEN KUMAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF LAW AND PARLIAMENTARY AFFAIRS VIDHANA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU - 560001 2. THE REGISTRAR GENERAL HIGH COURT OF KARNATAKA BENGALURU - 560001 Digitally signed by SHILPABAI S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 3. THE PRINCIPAL DISTRICT & SESSIONS JUDGE BAGALKOTE DISTRICT BAGALKOTE - 587101 4. SMT SIDDAWWA S LAMANI ALIAS SHODHGAR AGED ABOUT 49 YEARS WORKING AS SHERISTEDAR OFFICE OF THE SENIOR CIVIL COURT BILAGI TALUK - 587116 BAGALKOT DISTRICT …RESPONDENTS (BY SRI. G RAMESH NAIK, AGA FOR R1 SRI. K N NITISH, ADVOCATE FOR SRI. K V NARASIMHAN, ADVOCATE FOR R2 & R3 R4 SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS RELATING TO THE ENDORSEMENT/OFFICE NOTE DTD.12.4.2021 OF THE R-3 AS AT ANENXURE-N AND PROCEEDINGS OF THE R-3 IN OFFICE ORDER NO.159/2021 DTD.23.7.2021 AS AT ANNEXURE-P. ISSUE A WRIT, ORDER, OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE OFFICE NOTE/ENDORSEMENT DTD.12.4.2021 ANNEXURE-N OF THE R-3 AND PROCEEDINGS IN OFFICE ORDER NO.159/2021 DTD.23.7.2021 ANNXURE-P OF THE R-3 IN SO FAR AS IT RELATES TO ACCORDING PROMOTION TO THE R-4 FROM THE PAST OF FIRST DIVISION ASSISTANT TO SHERISTEDAR AGAINST ROSTER POINT NO.21 IN 3RD CYCLE OF ROASTER IN THE PAY SCALE OF RS.37900/- TO RS.70850/- WHEREIN PROMOTION HAS BEEN ACCORDED TO THE R-4 IN EXCESS OF 15 PERCENT RESERVATION EARMARKED TO CANDIDATES BELONGING TO SCHEDULED CASTE WHICH IS CONTRARY TO THE G.O. DTD.30.8.1979, 24.6.1997, 3.2.1999 AS AT ANEXURE-D, E, F, AND CLARIFICATION LETTER DTD.4.8.2021 AS AT ANNEXURE-R ISSUED BY THE GOVERNEMNT IN DEPARTMENT OF PERSONAL AND ADMINSITRATIVE REFORMS AS ALSO THE PETITIONER IS SENIOR TO THE R-4 IN THE SENIORITY LIST OF FIRST - 3 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 DIVISION ASSISTANT AS ON 1.1.2020 AS AT ANNXURE-A IN THE R-3 DISTRICT UNIT. CONSEQUENTLY TO DIRECT THE R-3 TO ACCORD PROMOTION TO THE PETITIONER FROM THE CADRE OF FIRST DIVISION ASSISTANT TO SHERISTEDAR IN THE PAY SCALE OF RS.37900- TO 70850/- FROM 23.7.2021 i.e THE DATE ON WHICH THE R-4 HAS BEEN GIVEN PROMOTION TO THE CADRE OF SHERISTEDAR BY CANCELLING THE PROMOTION GRANTED TO THE R-4 IN PROCEEDINGS OF THE R-3 IN OFFICE ORDER NO.159/2021 DTD.23.7.2021 AS AT ANNEXURE-P WITH ALL CONSEQUENTIAL BENEFITS LIKE ARREARS OF SALARY PAY FIXATION ETC. GRANT SUCH OTHER RELIEF OR RELIEFS AS THIS HONORABLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE ASHOK S.KINAGI ORAL ORDER The petitioner filed this writ petitions seeking the following reliefs: “i) To call for records relating to the endorsement/office note dated 12.04.2021 of the 3rd respondent as at Annexure N and Proceedings of the 3rd respondent in Office Order No.159/2021 dated 23.7.2021 as at Annexure-P. ii) Issue a Writ, order or direction in the nature of certiorari, quashing the Office Note/endorsement dated 12.04.2021 (ANNEXURE N) of the 3rd - 4 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 respondent and Proceedings in Office Order No.159/2021 dated 23.7.2021 (ANNEXURE P) of the third respondent in so far as it relates to according promotion to the 4th respondent from the post of First Division Assistant to Sheristedar against roster point No.21 in 3rd cycle of roaster in the pay scale of Rs.37900/- to Rs.70850/- wherein promotion has been accorded to the 4th respondent in excess of 15% reservation earmarked to candidates belonging to Schedule Caste which is contrary to the G.O. dated 30/8/1979, 24/06/1997, 3/2/1999 as at Annexures D, E, F and clarification letter dated 4.8.2021 as at Annexure R issued by the Government in Department of Personal and Administrative Reforms as also the petitioner is senior to the 4th respondent in the seniority list of First Division Assistant as on 1.1.2020 as at Annexure A in the 3rd respondent District Unit. iii) Consequently to direct the 3rd respondent to accord promotion to the petitioner from the cadre of First Division Assistant to "Sheristedar" in the pay scale of Rs.37900/- to 70850/- from 23.7.2021 i.e. the date on which the 4th respondent has been given promotion to the cadre of Sheristedar by cancelling the promotion granted to the 4th respondent in Proceedings of the 3rd respondent in Office Order No.159/2021 dated 23.7.2021 as at Annexure P - 5 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 with all consequential benefits like arrears of salary, pay fixation, etc.. iv) Grant such other relief or reliefs as this Honorable Court deems fit to grant in the circumstances of the case in the interest of justice and equity.” 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. The petitioner was appointed as a Second Division Assistant (‘SDA’ for short) in the Judicial Department of Bagalkot District Unit and his date of entry into service was 24.02.2001. Subsequently, he was promoted as a First Division Assistant (‘FDA’ for short) on 17.11.2011. Respondent No.4 has passed B.A., and was appointed as a Typist in the Judicial Department of Bagalkot District Unit and her date of entry into the service was 27.11.2001. Respondent No.4 was promoted as FDA on 17.11.2011. Respondent No.4 was further promoted as Sheristedar and was working as such. Prior to the promotion of respondent No.4 as Sheristedar, she - 6 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 was working as an FDA in the Bagalkot District Unit. As could be seen from the seniority list, it is clear that the petitioner is placed at Sl.No.5 in the seniority list and respondent No.4 is placed at Sl.No.9 in the seniority list of FDAs. The three employees namely Sri. Holebasappa S.Shellikeri, Sri. Umesh M.Alur and Smt. Jyoti V.Golekar, who are at Sl.Nos.1, 2 and 3 in the seniority list of FDAs as on 01.01.2020, are subsequently promoted to the cadre of Sheristedars. The Office of the Principal District and Sessions Court, Bagalkot was established with effect from 17.02.2001 and since from the date of establishment of Bagalkot District Judiciary Unit, the promotional avenues provided to all the cadres of judiciary in the District to the extent of 15% and 3% in favour of scheduled castes and scheduled tribes employees have been thoroughly followed and filled up to the said extent of 15% and 3% respectively. Thus, there is no backlog in respect of any categories of the posts in Bagalkot District Unit of Judiciary. The proposal of according reservation for the - 7 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 promotional posts to the persons belonging to the scheduled castes and scheduled tribes was under consideration before the Government of Karnataka and the first formal step was taken by the Government of Karnataka by issuing a Government order No. DPAR 29 SBC 77 (‘GO’ for short) dated 27.04.1978 vide Annexure-C, subsequently the Government issued a GO No. DPAR 22 SBC 79 dated 30.08.1979 modifying the reservation roaster points provided in GO dated 24.07.1998, wherein the earlier GO was modified. It is contended that, the State Government made amendments by way of substitution to Rule 8 of the Karnataka Civil Services (General Recruitment) Rules, 1977. The said amendment was subject matter of litigation before the Karnataka State Administrative Tribunal and the Hon’ble Apex Court. Subsequently, the matter attained its finality. The Government of Karnataka, based on the decision of the Hon'ble Apex Court, issued a GO No. DPAR 10 SBC 97 dated 24.06.1997. It is contended that, subsequently after - 8 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 the judgment of the Hon'ble Apex Court in the case of Indra Sawhney Vs. Union of India and Others1, the Constitution of India was amended by the Constitution (77th Amendment Act) 1995 dated 17.06.1995, wherein clause 4A was inserted in Article 1 which enables the State to provide reservations in the matters of promotion to the class of post in favour of scheduled castes and scheduled tribes. Subsequent to the said amendment, Government of Karnataka issued a GO No. DPAR 21 SBC 97 dated 03.02.1999 providing reservation for the persons belonging to the scheduled castes and scheduled tribes vide Annexure-F. It is contended that, the reservation was calculated as 15% to the scheduled castes and 3% to the scheduled tribes respectively and they already filled up the said posts. It is contended that, the petitioner is entitled for promotion. It is contended that, the respondents, while passing the impugned order, did not consider the clarification dated 04.08.2021 issued by the Department of 1 AIR 1993 SC 477 - 9 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 Personnel and Administrative Reforms (‘DPAR’ for short), Government of Karnataka vide Annexure-R. Hence, the impugned order passed by respondent No.3 is in contrary to the clarification dated 04.08.2021. Accordingly, prays to allow the writ petition. 3. Respondent Nos.2 and 3 filed a statement of objections admitting that the petitioner was appointed as an SDA and subsequently was promoted as an FDA. It is contended that, the two vacancies arose in the cadre of Sheristedar on the retirement of Sri. H.B.Chintamani on 30.11.2020 and on the promotion of Sri. S.D.Kanmuchanal to the cadre of CAO as per the order No. DJA II-45/2015(CAO) dated 24.02.2021 passed by this Court and he has been relieved from the post of Sheristedar on 19.03.2021 and the said vacancies were required to be filled up by giving promotion according to the Karnataka Subordinate Courts (Ministerial and other posts) (Recruitment) Rules, 1982 and by following the roaster system. It is also true that, as per the seniority - 10 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 list, the petitioner was at Sl.No.5 and respondent No.4 was at Sl.No.9 in the final seniority list of FDAs as on 01.01.2020. Respondent No.4 belongs to scheduled caste and has been rightly considered for the promotion to the post of Sheristedar roaster point No.21. Accordingly, prays to dismiss the writ petition against respondent Nos.2 and 3. 4. Heard the arguments of the learned counsel for the petitioner, learned AGA for respondent No.1 and learned counsel for respondent Nos.2 and 3. 5. Learned counsel for the petitioner submits that, respondent No.3 has already promoted the employees who belong to the scheduled castes from FDA to Sheristedar as per the roaster reservation i.e., 15% to the scheduled castes and 3% to the scheduled tribes, and there are no backlog vacancies in the post of Sheristedar under the reserved category. He submits that, the Government has clarified regarding the reservation vide clarification dated - 11 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 04.08.2021 which was addressed by the Government to the Deputy Commissioner, Udupi answering question No.2 therein as, if the reservation reaches 15% and 3% in a particular post, then subsequently, promotion has to be accorded on the basis of seniority irrespective of the fact that the next roaster point is reserved for the scheduled castes or scheduled tribes. Hence, he submits that the impugned order is liable to be set aside. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for respondent Nos.2 and 3 submits that, respondent No.3 has promoted the FDAs in the seniority list, wherein respondent No.4 belongs to a scheduled caste and by following roaster point No.21, she was rightly promoted. He further submits that, as of the date of passing the impugned order, Annexure-R was not in existence. Annexure-R came into existence after passing of the impugned order. Hence, on these grounds, he prays to dismiss the writ petition. - 12 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 7. Perused the records and considered the submissions of the learned counsel for the parties. 8. It is undisputed fact that the petitioner was appointed as an SDA and subsequently, he was promoted as an FDA. A seniority list was published in the cadre of FDAs on 01.02.2020. As per the seniority list, the petitioner was shown at Sl.No.5 and respondent No.4 was shown at Sl.No.9. As respondent No.4 belongs to a scheduled caste, she was promoted as a Sheristedar as per the roaster point No.21. 9. Admittedly, respondent No.3 has reached the quota of 15% for promotion for scheduled castes and 3% for scheduled tribes for the post of Sheristedar. After reaching the quota of 15% and 3%, the remaining posts of Sheristedar have to be accorded on the basis of the seniority list irrespective of the fact that the next roaster point is reserved for scheduled castes or scheduled tribes. The DPAR has answered question No.4 in its clarification - 13 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 dated 04.08.2021 that the percentage of reservation of 15% and 3% has to be calculated on the basis of the present working strength of a particular cadre. The answers to question Nos.3 and 4 in the said clarification read as follows: 3 ೇರ ೇಮಾ ಯಯ  ೆಎ ಮುಾಂತರ ಅಥಾ ಅನುಕಂಪದ ಆಾರದ  ಪ !ಷ# $ಾ ಯ %ಾಗೂ ಪಂಗಡದ ಬ*ಂ+ಗಳ- ಾ ಹು/ೆ0ಗ12ೆ ಎದು3ಾ4 ಭ 67ಾದ ಸಂದಭ6ದ  ಒಂದು ವೃಂದದ  ಉ/ಾಹರ=ೆ2ೆ: ಪ?ದಸ ವೃಂದದ , ಾಯ6Aರತ Bೇಕಡ 15 ಪ !ಷ# $ಾ ಯ ಬ*ಂ+ಗಳ- ಇದು0 %ೊಸ/ಾ4 ೇಮಾ 7ಾ4 3 ಪ !ಷ# $ಾ ಯ ಬ*ಂ+ಗಳ- %ಾಜ3ಾದ  ಾಯ6Aರತ ವೃಂದದ  ಪ !ಷ# $ಾ ಯ ಬ*ಂ+ಗಳ ಸಂೆG Bೇಕಡ 15ನುH Iೕರುವ ಸಂದಭ6ಗಳ- ಇರುತJ/ೆ. ಇಂತಹ ಸಂದಭ6ಗಳ  ಮುಂ+ನ ಮುಂಬJಯ  ೇರೇಮಾ ಹು/ೆ0Lಂದ ಭ 67ಾದ ಬ*ಂ+ಗಳನುH ಕತ6ವG Aವ6Mಸು Jರುವ ಪ !ಷ# $ಾ ಯ ಬ*ಂ+ಗಳ BೇಕNಾಾರು ಪ?OಾಣೆQ ಾಯ6Aರತ ವೃಂದದ  ಪ ಗRಸSೇೇ? +ಾಂಕ: 27.04.1978 ರ ಸಾ6 ಆ/ೇಶ ಸಂೆG: ಎಆ\ 29 ಎ ] 77 ರನ^ಯ 3ಾಜG _ೇೆಗಳ ನ ಹು/ೆ0ಗ12ೆ Oಾಡ`ಾಗುವ ಮುಂಬJಯ  ಪ !ಷ# $ಾ ಮತುJ ಪ !ಷ# ಪಂಗಡಗ12ೆ _ೇ ದ ಅಭGa6ಗ12ೆ ಕ?ಮಾ4 Bೇಕಡ 15 ಮತುJ Bೇಕಡ 3 ರ ಪ?Oಾಣದ  Iೕಸ`ಾ ಕ bಸ`ಾ4ರುತJ/ೆ. ಈ ಮುಂಬJ Iೕಸ`ಾ ಯು ಗೂ?d-ಎ ಕAಷ# ದ$ೆ6ಯ ವೃಂದವf ಒಳ2ೊಂಡಂgೆ ಆ ವೃಂದದವ3ೆ4ನ ಇತರ ಎ`ಾ ವೃಂದಗ1ಗೂ ಅನ^ಯಾಗುತJ/ೆ. ಆದ3ೆ, ವೃಂದ ಮತುJ ೇಮಾ Aಯಮಗಳ  ೇರ ೇಮಾ ಮತುJ ಮುಂಬJ2ೆ ೋhಾವನುH Aಗ+ಪದ0  ೇರ ೇಮಾ ಯ iಾಲು Bೇಕಡ 75% ರಷ#ನುH Iೕ ದ0  ಆ ವೃಂದೆQ ಮುಂಬJ Iೕಸ`ಾ ಅನ^ಯಾಗುವl+ಲ. ಮುಂಬJ %ೊಂದುವ ವೃಂದದ ಒಟು# ಾಯ6Aರತ ವೃಂದ ಬಲದ  ಪ !ಷ# $ಾ ಮತುJ ಪ !ಷ# ಪಂಗಡದ ೌಕರರ iಾ? AಧGgೆ Bೇಕಡ 15 %ಾಗೂ Bೇಕಡ 3 - 14 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 ರಷ#ನುH `ೆಕQ %ಾಕSೇಾ4ರುತJ/ೆ. 4 ಒಂದು ವೃಂದೆQ ಬJ Aೕಡುವ ಸಂದಭ6ದ  Bೇಕಡ 15 %ಾಗೂ Bೇಕಡ 3ರನುH, "ವೃಂದದ ಾಯ6 ಬಲದ ಆಾರದ  Iೕಸ`ಾ BೇಕNಾವನುH Aಧ6 ಸSೇqರುತJ/ೆ" ಎಂಬು/ಾ4 rವ ದು0 7ಾವ ವೃಂದದ ಾಯ6 ಬಲವನುH ಪ ಗRಸSೇಕು: ಪ/ೋನH %ೊಂದು Jರುವ ವೃಂದದ ಾಯ6ಬಲೇ (ಉ/ಾಹರ=ೆ2ೆ: ಪ?ದಸ/ಪ?ದ3ಾA)? ಅಥಾ ಪ?ಸುJತ ಾಯ6 Aವ6Mಸು Jರುವ ವೃಂದದ ಾಯ6 ಬಲೇ (ಉ/ಾಹರ=ೆ2ೆ: +^ದಸ/2ಾ?ಮಕರRಕ)? ಮುಂಬJ Aೕಡುವ ಸಂದಭ6ದ  ಮುಂಬJ Aೕಡುವ ವೃಂದದ  ಆ ವೃಂದದ ಾಯ6Aರತ ವೃಂದಬಲದ  (Working strength) ಪ !ಷ# $ಾ ಮತುJ ಪ !ಷ# ಪಂಗಡೆQ _ೇ ದ ೌಕರರ iಾ? AಧGgೆ Aಗ•ಪದ BೇಕNಾ 15 ಮತುJ BೇಕNಾ 3ಅನುH `ೆಕQ %ಾಕSೇಾ4ರುತJ/ೆ. ಉ/ಾಹರ=ೆ2ೆ: +^ದಸ ಹು/ೆ0Lಂದ ಪ?ದಸ ಹು/ೆ02ೆ ಮುಂಬJ Aೕಡುವ ಸಂದಭ6ದ  ಪ?ದಸ ವೃಂದದ ಾಯ6Aರತ ವೃಂದಬಲದ  ಪ !ಷ# $ಾ ಮತುJ ಪ !ಷ# ಪಂಗಡದ iಾ? AಧGgೆಯನುH ಪ ಗRಸSೇಾಗುತJ/ೆ. From the perusal of answers to question Nos.3 and 4, it is clear that, if the reservation reaches 15% and the 3% for scheduled castes and scheduled tribes respectively, the subsequent promotion has to be accorded on the basis of the seniority list irrespective of the fact that the next roaster point is reserved for scheduled castes or scheduled tribes. As per answer to question No.4, it discloses that the percentage of the reservation of 15% and 3% has to - 15 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 be calculated on the basis of the present working strength of a particular cadre. The said aspect was not considered by respondent No.3 and passed the impugned order. 10. In view of the subsequent clarification 04.08.2021 issued by the DPAR to the Deputy Commissioner, Udupi vide Annexure-R. Admittedly, the petitioner is the senior-most in the seniority list of FDAs as on 01.01.2020. As per Annexure R, the petitioner is entitled for promotion to the post of Sheristedar. In view of the clarification issued by the DPAR vide Annexure-R, the matter requires re-consideration by respondent No.3 in regard to whether the petitioner is entitled for promotion from FDA to Sheristedar. Without expressing any opinion on the merits of the case, I proceed to pass the following: ORDER i. The writ petition is allowed-in-part; ii. The impugned orders at Annexures-N and O are hereby quashed; - 16 - HC-KAR CNR: KAHC010444922021 NC: 2026:KHC:36145 WP No. 21530 of 2021 iii. Respondent No.3 is directed to re-consider the case of the petitioner within one month from the date of receipt of a certified copy of the order; iv. Promotion of respondent No.4 is subject to the outcome of the consideration of the application of the petitioner; v. All the contentions of the parties are kept open; vi. Pending IA(s) in this petition, if any, shall stand disposed of. Sd/- (ASHOK S.KINAGI) JUDGE PA List No.: 1 Sl No.: 29