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2026 DAILYLAW 37206 (KAR)

KARNATAKA STATE FINANCIAL CORPORATION v. SMT. DIVYA R

WA/1981/2026 · 2026-08-28

D K Singh, H Shanthi Bhushan

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN WRIT APPEAL NO. 1981 OF 2026 (S-RES) C/W WRIT APPEAL No. 1757 OF 2026 (S-RES) IN WRIT APPEAL No.1981/2026: BETWEEN: 1. KARNATAKA STATE FINANCIAL CORPORATION A STATUTORY CORPORATION, KSFC BHAVAN, NO.1/1 THIMMAIAH ROAD, BENGALURU-560 052 REPRESENTED BY ITS MANAGING DIRECTOR. …APPELLANT (BY SRI. P S MALIPATIL.,ADVOCATE) AND: 1. SMT. DIVYA R W/O BHARAT KUMAR M G AGED ABOUT 39 YEARS, RESIDING AT U-33, 6TH CROSS, R.G.I COLONY, SRIRAMPURAM, BENGALURU-560 021. 2. SAMATA SAMBRANI, D/O KARVEER SAMBARANI, AGED 31 YEARS R/O DOOR NO.111, BASAVANAGAR-1, Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 FIRST CROSS, HARIYAL ROAD, DHARWAD-580003 …RESPONDENTS (BY SRI.P.S.RAJGOPAL, SR.COUNSEL FOR SMT.ASHWINI RAJGOPAL, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THE WRIT APPEAL, SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DT: 16-6- 2026 PASSED IN WP NO.26446/2024 (S-RES) AND DISMISS THE WRIT PETITION FILED BY THE RESPONDENT NO.1 AND TO DIRECT THE APPELLANT TO CONTINUE THE RECRUITMENT PROCESS TO ISSUE APPOINTMENT ORDER TO RESPONDENT NO.2 AS DEPUTY MANAGER (F & A) WITH ALL CONSEQUENTIAL BENEFITS ARISING THERETO. IN WRIT APPEAL No.1757/2026: BETWEEN: 1. SMT. SAMATA SAMBRANI AGE 31 YEARS, D/O. SRI KARVEER SAMBRANI, W/O. SRI RAHUL DEVAMANE, JAMBO NAGAR, JAMBU SAVARI DINNE, BANGALURU-570 076. …APPELLANT (BY SRI. VIJAYA SIMHA REDDY D V.,ADVOCATE) AND: 1. SMT. DIVYA. R W/O BHARAT KUMAR.M.G, AGED ABOUT 39 YEARS, R/AT U-33, 6TH CROSS, R.G.I. COLONY, SRIRAMPURA, BENGALURU - 560 021 2. THE MANAGING DIRECTOR, KARNATAKA STATE FINANCIAL CORPORATION, - 3 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 K.S.F.C. BHAVAN, NO. 1/1, THIMMAIAH ROAD, NEAR CANT. RAILWAY STATION, BENGALURU-560 052. …RESPONDENTS (BY SRI.P.S.RAJGOPAL, SR.COUNSEL FOR SMT. ASHWINI RAJAGOPAL.,ADVOCATE FOR R1; SRI.P.S.MALIPATIL, ADVOCATE FOR R2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO a) ALLOW THE APPEAL AND SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE, DATED 16.06.2026 IN WRIT PETITION No. 26446/2024 (S-RES) AND DISMISS THE SAID WRIT PETITION No. 26446/2024 (S-RES) FILED BY THE 1ST RESPONDENT AND MAY BE PLEASED TO DIRECT THE 2ND AND 3RD RESPONDENTS TO FURTHER CONTINUE RECRUITMENT PROCESS TO ISSUE APPOINTMENT ORDER TO THE APPELLANT TO THE POST OF DEPUTY MANAGER (FINANCE AND ACCOUNTS) WITH ALL CONSEQUENTIAL BENEFITS ARISING THERETO AND ETC., THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE H.SHANTHI BHUSHAN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court W.A.No.1981/2026 has been filed impugning the judgment and order dated 16.06.2026 passed by the writ Court in W.P.No.26446/2024(S-RES) preferred by respondent No.1 herein. - 4 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 2. The W.A.No.1757/2026 has been filed impugning the judgment and order dated 16.06.2026 passed by the writ Court in W.P.No.26446/2024(S-RES) preferred by the appellant herein. 3. The appellant in W.A.No.1757/2026 and the respondent No.1 in W.A.No.1981/2026 were the aspirants for recruitment to the post of Deputy Manager (Finance and Accounts) in the Karnataka State Financial Corporation (for short 'the KSFC'), which is the appellant in W.A.No.1981/2026 in pursuance to the Employment Recruitment Notifications dated 13.02.2023 and 14.06.2023 issued, inviting applications from the eligible candidates inter alia for the said post. The Karnataka State Financial Corporation Recruitment and Promotion Regulations, 2022 (for short 'the Regulations'), governed the process of making direct recruitment to the various posts in the KSFC. 4. We are concerned with Regulation 13 of the Regulations, which prescribes 'Procedure for selection for direct recruitment' to the entry level posts in Group A i.e. Deputy General Manager and Manager and all posts in Group B. These posts are to be filled up by conducting written test by KSFC of the candidates - 5 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 fulfilling the eligible criteria prescribed for each post. After qualifying in written examination, satisfying all the requirements and short listing, the eligible candidates would be entitled for the next process of selection i.e., interview/viva voce. 5. After the written examination is conducted, which should consist of 50 marks in respect of the core subject, 25 marks for general knowledge of the current affairs, 25 marks for Kannada language, the merit list is to be prepared on the basis of the following i.e. 12.50% of the qualifying exam marks, 75% of the written test marks. The merit list of candidates to be published without indicating the marks secured by them as per their qualifying examination and 75% of the written test marks. The successful candidates, as per the merit list, should be called for interview/viva voce. The Regulation 13.9 provides that the viva voce should carry maximum 12.50% marks, whereas Regulation 13.14 of the said Regulation prescribes that approved list after conducting the interview/viva voce by the Selection Committee to be prepared by giving following weightage:- - 6 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 12.50% of the qualifying exam marks, 75% of the written test marks and 12.50% of the interview marks/viva voce. 6. In the present case, after written test and interview, a merit list came to be prepared. 6. In the present case, after written test and interview, a merit list came to be prepared. Merit list of 27 qualified candidates was prepared and they were called for interview/viva voce which is as follows:- SI No KEA No Name of the Candidate Qualifying exam marks %age 12.5% of Qualifying Exam Marks Written Exam Marks by KEA 75% of Written Exam Marks Viva Voce Marks for 100 12.5% of Viva Voce Marks Total Marks Scored (5+7+9) 1 99000076 Abhishek H R 66.98 8.37 50 37.50 58 7.25 53.12 2 99000013 Abhishek N 68.68 8.59 68 51.00 35 4.38 63.96 3 99000020 Baby M L 69.74 8.72 58 43.50 37 4.63 56.84 4 99000065 Balaji B R 63.35 7.92 51 38.25 63 7.88 54.04 5 99000101 Bheemaiah 63.25 7.91 47 35.25 68 8.5 51.66 6 99000058 Bhuvanashree 62.40 7.80 30 22.50 32 4.00 34.30 7 99000015 Chaitanya C 77.27 9.66 56 42.00 66 8.25 59.91 8 99000077 Divya 65.72 8.22 48 36.00 28 3.50 47.72 9 99000067 Divya R 77.59 9.70 49 36.75 24 3.00 49.45 10 99000062 Harisha N 60.00 7.50 57 42.75 72 9.00 59.25 11 99000049 Kavya H R 61.60 7.70 52 39.00 62 7.75 54.45 12 99000051 Manasa B 66.69 8.34 61 45.75 37 4.63 58.71 13 99000014 Manjunatha M 71.08 8.89 73 54.75 60 7.50 71.14 14 99000002 Naveen B 65.96 8.25 69 51.75 65 8.13 68.12 15 99000071 Naveen Bhaskar Naik 68.37 8.55 64 48.00 39 4.88 61.42 16 99000082 Praveen Kumar N 76.67 9.58 58 43.50 38 4.75 57.83 17 99000073 Raghunatha N S 63.60 7.95 51 38.25 41 5.13 51.33 18 99000078 Rajkumar H R 64.77 8.10 39 29.25 61 7.63 44.97 19 99000045 Ramesh Boodhi 64.48 8.06 58 43.50 50 6.25 57.81 20 99000066 Samata Sambrani 77.3 9.66 48 36.00 38 4.75 50.41 21 99000110 Samskruti S P 56.96 7.12 49 36.75 26 3.25 47.12 22 99000060 Saniya Siddiqua 67.21 8.40 42 31.50 24 3.00 42.90 23 99000079 Satheesha K 63.77 7.97 52 39.00 25 3.13 50.10 24 99000068 Sharanabasappa 72.20 9.03 61 45.75 56 7.00 61.78 25 99000074 Sridhara M V 70.38 8.80 63 47.25 30 3.75 59.80 26 99000047 Suryakumari B 67.11 8.39 58 43.50 24 3.00 54.89 - 7 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 V 27 99000087 Vasudha K N 68.30 8.54 68 51.00 54 6.75 66.29 7. The Appellant-Smt. Samata Sambrani name appears at Sl.No.20 whereas the respondent No.1-Smt.Divya R name appears at Sl.No.9. The comparative merits of two candidates would reveal following marks secured by them in respect of each criteria i.e. 75% of the written exam marks, 12.5% of qualifying examination marks, viva voce marks and 12.5% thereof and total marks. The learned Single Judge has taken note of the comparative merit of two candidates in paragraph 11, which we are extracting hereunder:- "11. From the perusal of the marks scored by the candidates and weightage assigned as per the notification dated 14.06.2023, the petitioner has scored 49.45 marks, as follows: Sl No KEA No Name of the Candidate Qualifying exam marks % age 12.5% of Qualifying exam marks Written Exam Marks by KEA 75% of Written Exam Marks Viva Voce Marks for 100 12.5% of Viva Voce Marks Total Marks Scored (5+7+9) 9 99000067 Divya.R 77.59 9.70 49 36.75 24 3.00 49.45 20 99000066 Samata Sambrani 77.30 9.66 48 36.00 38 4.75 50.41 - 8 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 8. From the merit list, it is evident that the appellant Smt. Samata Sambrani had scored total 50.41 marks whereas the respondent No.1-Divya R has scored 49.45 marks. The aforesaid merit list, discloses that the appellant-Smt. Samata Sambrani had scored more marks than respondent No.1- Divya R. Therefore, appointment letter was issued to the appellant-Smt. Samata Sambrani. The said appointment letter came to be challenged by the respondent No.1-Smt. Divya R by filing the W.P.No.26446/2024 (S-RES). 9. The learned Single Judge on the basis of the note made by the Selection Committee that the appellant was not suitable for the post, has set aside the appointment offer of the appellant and directed to redo the interview/viva voce process again, only for the petitioner and respondent no. 2. The learned counsel for the appellant KSFC has submitted that the Selection Committee does not have power to judge the suitability of the candidates once the candidates have been qualified in the examination and they have been called for the interview. The suitability of the candidate has to be judged in the interview. Once the merit list is prepared, the job of the - 9 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 Selection Committee is over and the persons are to be given appointment as per the merit list prepared by the Selection Committee. It is submitted that once in the comparative merit list, the appellant-Smt Samata Sambrani fared better than respondent No.1-Smt. Divya R, the appointment letter was issued to the appellant-Smt Samata Sambrani and merely on the ground that the Selection Committee has written 'non- suitable' without disclosing any reason for her not being suitable, such a noting cannot be taken note of by the KSFC and therefore, the appointment offer made to the appellant- Smt Samata Sambrani was perfectly justified and in accordance with the relevant Regulations. 10. The learned counsel appearing for the appellant-Samatha Sambrani in the connected appeal has submitted that once in the merit list, the marks obtained in the selection by two candidates, have been tabulated and the appellant has fared better than the respondent No.1, the appellant was rightly offered the appointment letter and there was no occasion for the Selection Committee to write a note of her being unsuitable. It is therefore, submitted that the direction for - 10 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 conducting fresh interview/viva voce in terms of the impugned order is fully unjustified. 11. Sri.P.S. Rajgopal, learned Senior Counsel appearing for respondent No.1-Smt Divya R, submitted that as per the Regulation 13.9 and 13.14 the total marks for interview should have been fixed only 12.5 and not 100 marks and therefore, the 12.5% of the 12.5 marks should have been taken into consideration instead of taking 12.5% of the 100 marks. 12. We find very little substance in the said submission. Even in the Notification for recruitment, it was specifically provided that the selection to the post of Deputy Manager will be made strictly based on the marks secured in written test (weightage 75%) interview (weightage 12.5%), qualifying examination (weightage 12.50%) after duly following the existing reservation policy of the Government of Karnataka. Even otherwise, the Regulation 13.14 makes it abundantly clear that 12.5% of the marks secured in the interview is to be taken into consideration. The interview was conducted for 100 marks and out of 100 marks the candidates were given the marks as mentioned in the merit list. Out of the marks secured in the - 11 - HC-KAR CNR: KAHC010586582026 NC: 2026:KHC:46516-DB WA No. 1981 of 2026 C/W WA No.1757 of 2026 interview, 12.5% was taken into consideration in accordance with the Regulations. Once the appellant Smt.Samata Sambrani in W.A.No.1757/2026 has fared better and was successful in the selection process, we are of the view, that there is no occasion for conducting a fresh interview. 13. We therefore, allow these writ appeals and set aside the impugned judgment and order dated 16.06.2026 passed by the learned Single Judge in W.P.No.26446/2024 (S-RES) and the said writ petition stands dismissed. No order as to costs. 14. Pending interlocutory applications, if any, stand disposed of. Sd/- (D K SINGH) JUDGE Sd/- (H.SHANTHI BHUSHAN) JUDGE NG CT:NR List No.: 2 Sl No.: 1