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2026 DAILYLAW 51995 (KAR)

HIGH COURT OF KARNATAKA v. NITHIN GOWDA J R

WA/2044/2025 · 2026-01-21

D K Singh, S Rachaiah

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 2044 OF 2025 (S-RES) BETWEEN: 1. HIGH COURT OF KARNATAKA REPRESENTED BY THE REGISTRAR GENERAL AND SECRETARY CIVIL JUDGES RECRUITMENT COMMITTEE, BENGALURU-560001. …APPELLANT (BY SRI. S.S. NAGANAND, SENIOR ADVOCATE FOR SRI. B. PRAMOD, ADVOCATE) AND: 1. NITHIN GOWDA J R S/O RAMANJINAPPA J R, AGED ABOUT 31 YEARS, RESIDING AT FLAT NO.215, 4TH B CROSS, MUNESHWARA TEMPLE ROAD, BENGALURU-560064. …RESPONDENT (BY SRI. ANISH JOSE ANTONY, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 05/12/2025 PASSED BY THE LEARNED SINGLE JUDGE Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 IN W.P.NO.32175/2025 AND CONSEQUENTLY DISMISS THE WRIT PETITION. THIS APPEAL, 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 S RACHAIAH ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra-court appeal has been filed impugning the judgment and order dated 05.12.2025, passed by the learned Single Judge in Writ Petition No.32175 of 2025, filed by the respondent – High Court of Karnataka. 2. The parties are referred to as per their ranking before the Writ Court, for the sake of convenience. 3. The petitioner was one of the candidates, who had applied in response to Notification dated 10.02.2025, for direct recruitment to the post of Civil Judge in the - 3 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 State of Karnataka. The examination for the said post is in two stages: (i) preliminary examination; and (ii) main examination and thereafter interviews are to be conducted. After conclusion of the preliminary examination, a key answer sheet to the question paper was published. 4. The petitioner could not qualify in the preliminary examination, as he fell short by two marks and therefore, he could not qualify to attend the main examination. The petitioner contended that the key answers in respect of two questions in the preliminary examination i.e., question Nos.46 and 98 were incorrect and the petitioner should have been given two marks in respect of these two questions, which would qualify him to write the main examination. 5. The learned Single Judge having considered the question Nos.46 and 98 and key answers to these two questions, came to the conclusion that the key answers to - 4 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 these two questions were incorrect, and therefore, the petitioner should be given two grace marks, in the result of the preliminary examination. 6. The present writ appeal has been filed impugning the said judgment of the learned Single Judge, contending that the Court is not an expert, and it should not itself have decided the issue without an expert opinion. Be that as it may, the petitioner was permitted to write the main examination. However, it has been informed that the petitioner did not qualify the main examination. 7. In view of the aforesaid development, a memo dated 09.01.2026, has been filed on behalf of the appellant, which reads as follows: “1. The Main Written Examination for the post of Civil Judge was conducted on 06.12.2025 and 07.12.2025. The results of the Main Written Examination were declared on 20.12.2025. The Respondent had participated in the said examination. - 5 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 However, the Respondent was not successful in the same as he did not secure the minimum cut-off marks. Hence, the Respondent is not eligible to appear in the viva voce scheduled to commence from 12.01.2026. 2. The results of the Main Written Examination of the Respondent have already been notified through the online portal. The marks sheet of the Respondent is kept in a sealed cover in view of the pendency of the present appeal. The Appellant is willing to web- host the marks sheet of the Respondent, if this Hon'ble Court permits. 3. In view of the grounds urged in the appeal, it is respectfully prayed that this Hon'ble Court may be pleased to set aside the observations made by the learned Single Judge in the impugned order and dispose the writ appeal, in the interest of justice.” 8. In view of the aforesaid facts, we dispose of this appeal with a direction to the appellant i.e., Registry of the High Court of Karnataka, to disclose the marks obtained by the petitioner in the main examination. However, so far as the issue involved in this appeal is concerned, we would - 6 - HC-KAR NC: 2026:KHC:3394-DB WA No. 2044 of 2025 like to decide this issue in future, if such an occasion arises in appropriate case. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE JJ List No.: 1 Sl No.: 11