- 1 - HC-KAR NC: 2026:KHC-D:1385 WP No. 100472 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100472 OF 2026 (S-RES) BETWEEN: SMT. SEEMA BASAVARAJ SHIVAPURI, AGE. MAJOR, OCC. HOUSE WIFE, R/O. GOUDARA BEEDI, PULAGADDI, TQ. MOODALAGI, DIST. BELAGAVI-590 001. … PETITIONER (BY SRI. VINAY S. KOUJALAGI, ADVOCATE) AND: 1. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, DEPARTMENT OF EDUCATION, CHIKKODI, TQ: CHIKKODI, DIST: BELAGAVI-590 001. 2. THE PRINCIPAL, SHRI DURADUNDESHWARA HIGH SCHOOL, NIDASOSI, TQ: HUKKERI, DIST: BELAGAVI-590 001. … RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 19.03.2022 PRODUCED AT ANNEXURE-D AND ENTER HER NAME AS NOMINEE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.11 14:39:47 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1385 WP No. 100472 of 2026 ORAL ORDER The petitioner has approached this Court seeking a writ of mandamus to direct the respondent authorities to consider the representation dated 19.03.2022 and to enter her name as nominee in the service records of her husband, who is working as a Teacher in an Aided Educational Institution. 2. Brief facts; The petitioner claims to be the legally wedded wife of one Sri.Basavaraj Shivapuri, who is employed as a Teacher in an Aided High School. It is a case of the petitioner that her marriage was solemnized on 19.05.2001 and that daughter was born from the said wedlock. 3. The petitioner submitted a representation dated 19.03.2022 to the Deputy Director of Public Instructions requesting that her name be recorded as a nominee in the service records of her husband for the purpose of service and retrial benefits. Alleging that the said representation has not been considered, the present writ petition is filed - 3 - HC-KAR NC: 2026:KHC-D:1385 WP No. 100472 of 2026 seeking a direction to the respondent authorities to consider the said representation and grant the relief sought therein. 4. Learned counsel for the petitioner would contend that the petitioner being the legally wedded wife, falls within the definition of ‘family’ under the relevant service and pension rules. The respondent authorities are bound to maintain correct and updated service records of the employees, including family details. Non consideration of the representation is arbitrary and violative of Article 14 and 21 of the Constitution of India and the inaction of the respondent authorities warrants interference by this Court by issuing a writ of mandamus. 5. Learned Additional Government Advocate for the respondent/State submits that the petitioner has no legal enforceable right to seek mandamus for entering her name as nominee in the service records. Nomination is a matter governed by the specific statutory rules and is primarily within the domain of the employee concerned. There is no - 4 - HC-KAR NC: 2026:KHC-D:1385 WP No. 100472 of 2026 statutory obligation cast upon the respondent authorities to consider or decide such representation and the instance of a third party. 6. The point that arises for consideration is; “Whether the petitioner has made out a case for issuance of writ of mandamus directing the respondent authorities to consider a representation dated 19.03.2022?” 7. This Court has carefully considered the rival submission and perused the material on record. 8. A writ of mandamus can be issued only when the petitioner establishes the existence of a legal right and a corresponding statutory duty on the part of the respondent authority. Mere submission of a representation does not, by itself, create a legally enforceable right. In the present case, the petitioner seeks a direction to consider her representation for entering her name as nominee in the service records of her husband. Nomination in the service record is governed by the applicable service rules and is an - 5 - HC-KAR NC: 2026:KHC-D:1385 WP No. 100472 of 2026 act to be performed by the employee concerned in the manner prescribed under the rules. The petitioner has not pointed out any statutory provision which obligates the respondent authority to consider a representation made by the spouse independently or to effect such an entry at her instance. In the absence of statutory obligation, the respondent authorities cannot be directed to act merely because a representation has been submitted. 9. The writ jurisdiction cannot be invoked to enforce claims which are not founded on statutory rights or public duties. Accordingly, this Court is of the considered view that the petitioner has failed to establish any enforceable right or corresponding statutory duty on the part of the respondents. Accordingly, the writ petition is dismissed as devoid of merits. Sd/- JUSTICE K.S.HEMALEKHA PJ/CT:VH LIST NO.: 1 SL NO.: 20