- 1 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.101245 OF 2025 (S-REG) BETWEEN: 1. SHANUR K.GUDLAR AGE: 41 YEARS, R/O. 988/B, NAIK, GALLI, TQ: KHANAPUR, DIST: BELAGAVI. 2. LALU S/O. LAXMAN KUDEL, AGE: 51 YEARS, OCC: SWEEPER, R/O. SHANUNAGAR, KHANAPUR, DIST: BELGAVI- 591302. 3. YALLAPPA S/O. IRAPPA HANCHINAL, AGE: 51 YEARS, OCC: SWEEPER, R/O. 420, WAGLE GALLI, RUMEWADI, POST. KARAMBAL, TQ: KHANAPUR, DIST: BELAGAVI. 4. ANURAJ S/O. RAMESH METRI AGE: 38 YEARS, R/O. 130, AMBEDKAR GALLI, IDALHON, TQ: KHANAPUR, DIST: BELAGAVI. 5. KIRAN P. KESAREKAR, AGE: 38 YEARS, OCC: SWEEPER, TQ: NAIK GALLI, KHANAPUR, DIST: BELAGAVI. 6. RAMA P. SONTAKKAE, AGE: 41 YEARS, OCC: SWEEPER, R/O. 1672/12, SAHUNAGAR, TQ: KHANAPUR, DIST: BELAGAVI. 7. RAJU M. GURAV AGE: 41 YEARS, OCC: SWEEPER, R/O. 715, GURAV GALLI, KHANAPUR, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 11:17:34 +0530 - 2 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 DIST: BELAGAVI. 8. VISHWANATH P. CHOUGLE AGE: 53 YEARS, OCC: SWEEPER, R/O. NINGAPUR GALLI, KHANAPUR, DIST: BELGAVI. &PETITIONERS (BY SRI. S.B.MALLIGWAD, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY TO THE RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT, M.S. BUILDING, BENGALURU- 01. 2. THE DEPUTY COMMISSIONER AND URBAN DEVELOPMENT AUTHORITY, BELAGAVI. 3. THE CHIEF EXECUTIVE OFFICER PATHAN PANCHAYATH KHANAPUR, DIST: BELAGAVI- 591302. &RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1 AND R2; SRI. SADIQ N.GOODWALA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE NOTIFICATION DATED 15-09-2023 BEARING NO.BGMDUDC/07/CR-43/2022-23 VIDE ANNEXURE-F BY RESPONDENT NO.2; ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 11-07/09-2024 BEARING NO. BGMDUDC/07/CR-43/2022-23/987 PASSED BY RESPONDENT NO.2 VIDE ANNEXURE-H AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 ORAL ORDER The petitioners, who are working as sweepers on contract basis under respondent No.3 for more than a decade have approached this Court calling in question the impugned endorsement dated 11.09.2024 issued by respondent No.2, whereby their application submitted pursuant to the notification dated 15.09.2023 came to be rejected, and seeking a consequential direction for consideration of their application in accordance with law. 2. The petitioners are working as sweepers with respondent No.3 for more than 11 to 12 years on contract basis. Respondent No.2 issued a notification dated 23.02.2018 calling for direct recruitment of helpers and sweepers, pursuant to which the petitioners had applied and were found eligible. Provisional list dated 29.10.2022 was issued. However the petitioners9 names were not included though candidates with lesser service were selected. Aggrieved, the petitioners approached this Court in W.P.105299 of 2022. It is stated that during the said - 4 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 proceedings, assurances were extended on behalf of respondent No.3 that the petitioners9 cases would be considered in the next recruitment process on which assurance the writ petition was withdrawn on 16.03.2023. 3. It is stated that respondent No.2 has now issued a fresh notification dated 15.09.2023 calling for appointment of sweepers and helpers and the petitioners again applied. Respondent No.3 passed a resolution dated 24.11.2023 and forwarded the list of eligible candidates, including the petitioners to respondent No.2. However, respondent No.2 issued the impugned endorsement dated 11.09.2024 rejecting the applications of the petitioners stating that they were not eligible for consideration. Aggrieved, by the endorsement the petitioners have approached this Court. 4. Learned counsel for the petitioners contends that the impugned endorsement dated 11.09.2024 is unsustainable in law. The petitioners have continuously - 5 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 working as sweepers under respondent No.3 for several years and that their applications were duly forwarded by respondent No.3 along with the resolution recommending consideration. It is further contended that the rejection of the petitioners9 applications are based on vague and extraneous grounds without proper consideration of their service particulars or the conditions stipulated in the notification dated 15.09.2023. The impugned endorsement, it is urged, is a non-speaking order and suffers from non- application of mind. 5. Per contra, learned Additional Government Advocate appearing for respondent Nos.1 and 2 sought to justify the impugned endorsement by contending that the application of the petitioner did not satisfy the eligibility conditions stipulated in the notification dated 15.09.2023. It is contended that some of the petitioners were stated to be working with the Water Supply Board and therefore, were not eligible for consideration. - 6 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 6. Learned counsel appearing for the respondent No.3 submits that respondent No.3 has forwarded the petitioners9 applications along with the resolution to respondent No.2, and that final decision rests with respondent No.2 in accordance with the applicable rules and notification. 7. This Court has carefully considered the contentions urged and perused the material on record. 8. It is not in dispute that the petitioners have been working as sweepers on contract basis under respondent No.3 for a considerable length of time. It is also not in dispute that the pursuant to the notification dated 15.09.2023 the petitioners have submitted applications which was forwarded by respondent No.2 along with the resolution dated 24.11.2023. 9. The impugned endorsement dated 11.09.2024 issued by respondent No.2 rejects the application of the petitioners primarily on the ground that some of the - 7 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 petitioners were stated to be working with the water supply board and therefore were held to be ineligible. A perusal of the impugned endorsement indicates that the rejection is not supported by a detailed reasoning nor discloses a due consideration of the petitioners9 service particulars and resolution forwarded by respondent No.3 all the relevant conditions stipulated in the notification dated 15.09.2023. Accordingly, the impugned endorsement dated 11.09.2024 is liable to be quashed and the matter is to be remitted back to respondent No.2 for fresh consideration. Accordingly this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 11.09.2024 issued by the 2nd respondent (Annexure-H) is hereby quashed. iii. Respondent No.2 is directed to reconsider the application of the petitioners (Annexure- B) in terms of the notification dated 15.09.2023 and the resolution of respondent - 8 - HC-KAR NC: 2026:KHC-D:328 WP No. 101245 of 2025 No.3 dated 24.11.2023 and to pass appropriate orders in accordance with law on merits, within a period of 4 weeks from the date of receipt of the certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 3