2024 Supreme(Online)(Kar) 44168

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2024 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14885 OF 2020 (S-RES)

C/W WRIT PETITION NO. 2345 OF 2021 (S-RES), WRIT PETITION NO. 12052 OF 2021 (S-RES), WRIT PETITION NO. 20348 OF 2022 (S-RES), WRIT PETITION NO. 21093 OF 2022 (S-RES)

In W.P.No.14885/2020:

BETWEEN:

1 . SRI S KUMAR AGED ABOUT 52 YEARS, S/O. LATE. G. SIDDAGANGAPPA, WORKING AS MANAGER, IN THE OFFICE OF COMMISSIONER, Digitally signed by BBMP HEAD OFFICE, NR SQUARE, KIRAN KUMAR R BANGALORE 560002.

Location:

HIGH COURT OF 2 . SRI. P NAGARAJ KARNATAKA S/O. SRI. PAPASHETTY AGED ABOUT 57 YEARS, WORKING AS MANAGER, IN THE OFFICE OF COMMISSIONER, BBMP HEAD OFFICE, NR SQUARE, BANGALORE 560002. 3 . SMT. PANKAJA D/O. BASAVANNA, AGED ABOUT 46 YEARS, WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 WORKING AS MANAGER, IN THE OFFICE OF ARO, BTM LAYOUT, BANGALORE 56000.

4 . SRI. N VENKATESH S/O. LATE. NARASIMAIAH, AGED ABOUT 58 YEARS, WORKING AS MANAGER, IN THE OFFICE OF ARO (KG HALI)

BANGALORE 560002. 5 . SMT. A RATHNA W/O. RAMA MURTHY, AGED ABOUT 48 YEARS, WORKING AS MANAGER, IN THE OFFICE OF ARO, (HOMBEGOWDA NEAR)

BANGALORE 56000

6 . SRI. L CHANNAIAH S/O. LATE. LINGAPPA, AGED ABOUT 54 YEARS, WORKING AS MANAGER, IN THE OFFICE OF ARO, (GANDHINAGAR)

BANGALORE 560009.

7 . SRI. RAMESH KUMAR T K S/O. LATE. T KALATHIMME GOWDA, AGED ABOUT 47 YEARS, WORKING AS MANAGER, IN THE OFFICDE OF JDTP (SOUTH), HEAD OFFICE N R SQUARE, BANGALORE 560002.

8 . SRI. R. RAVI KUMAR, S/O. RAMAIAH, AGED ABOUT 48 YEARS WORKING AS MANAGER, WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 IN THE OFFICE OF CHIEF ENGINEER (WEST), BBMP, BANGALORE.

9 . SRI. R V SHANTHANANDA S/O. LATE. R V VEERABADRAPPA, AGED ABOUT 57 YEARS, WORKING AS A MANAGER, INT HE OFFICE ARO, GALI ANJANEYA, RPC LAYOUT, SWIMMING POOL OFFICE, BANGALORE 560002.

10 . SRI. V T MAHADEVA S/O. LATE. H THIMMEGOWDA, AGED ABOUT 48 YEARS, WORKING AS A MANAGER, IN THE OFFICE OF THE DEPUTY MAYOR’S CORPORATION HEAD OFFICE, NR SQUARE, BANGALORE 560002.

11 . SMT. SHAKUNTALA W/O. LATE. R MURTHY, AGED ABOUT 54 YEARS, WORKING AS MANAGER, IN THE OFFICE OF THE CHIEF ENGINEER (SOUTH), JAYANAGAR 2ND BLOCK, BANGALORE 56000.

12 . SRI. M CHANDRA PARAKSH S/O. LATE. H MUNIYAPPA, AGED ABOUT 47 YEARS, WORKING AS MANAGER, IN THE OFFICE OF THE DEPUTY MAYOR’S CORPORATION HEAD OFFICE, NR SQUARE, BANGALORE 56000

13 . SRI. A N PRASAD S/O. LATE. SUBBARAO, AGED ABOUT 49 YEARS, WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 WORKING AS MANAGER, IN THE OFFICE OF THE JOINT COMMISSIONER, WEST, BANGALORE 560002.

14 . SRI. E SURESH S/O. EREGOWDA, AGED ABOUT 53 YEARS, WORKING AS MANAGER, IN THE OFFICE OF THE HEALTH COMMITTEE, CHAIRMAN OFFICE , NR SQUARE, BANGALORE 560002.

15 . SRI. S SHIVA SHANKAR S/O. LATE. M SUBBAREDDY, WORKING AS A MANAGER, IN THE OFFICE OF EXECUTIVE ENGINEER, BYATTARAYANAPURA, YELAHANAKA ZONE, BANGALORE 560063.

16 . SMT. N HEMAMALINI AGED 54 YEARS, W/O. N JAGADEESH PRASAD, WORKING AS MANAGER, IN THE OFFICE OF EXECUTIVE ENGINEER, KR PURAM, BBMP, BANGALORE 560036.

17 . SRI. L SHIVANNA AGED 51 YEARS, S/O. LATE. LAKKANNA, WORKING AS MANAGER, IN THE OFFICE OF ARO, CV RAMAN NAGAR, BANGALORE 93.

…PETITIONERS (BY SRI.VIVEKANANDA.T.P., ADVOCATE)

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 AND:

1. STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BANGALORE-560 001.

BY ITS PRINCIPAL SECRETARY.

2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

BY ITS COMMISSIONER.

3. SRI.B.RUDRESH, S/O BHADRAIAH, AGED ABOUT 39 YEARS, WORKING AS REVENUE INSPECTOR, O/O THE ASSISTANT REVENUE OFFICER, PADMANABHANAGAR SUB-DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE, C.T.BED ROAD, CHANNAMAKERE, BENGALURU-560 085 R/AT No.464/1, 4TH MAIN ROAD, NAGENDRA BLOCK, BSK 1ST STAGE, BENGALURU-560 050. 4. SRI.KETAN VYAS, S/O HARISH J.VYAS, AGEDA BOUT 41 YEARS, WORKING AS REVENUE INSPECTOR, O/O THE ASSISTANT REVENUE OFFICER, PADMANABHANAGAR SUB-DIVISION, BRUTHATH BENGALURU MAHANAGARA PALIKE, COX. TOWN, BENGALURU-560 085 WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 RESIDING AT No.923, 2ND ‘C’ CROSS, 1ST BLOCK, HRBR LAYOUT, KALYAN NAGAR, BENGALURU-560 043.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R-1;

SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R-2;

SRI.CHANDRAKANTHA.R.GOULARY, ADVOCATE FOR R-3 & R-4)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THAT PORTION OF BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES, 2018 NOTIFIED THROUGH NOTIFICATION DATED 16.03.2020 BY THE R-1 WHICH PRESCRIBES EDUCATIONAL QUALIFICATION OF BACHELOR DEGREE UNDER THE UGC NORMS FROM AN UNIVERSITY ESTABLISHED BYE-LAW FOR THE PROMOTION FROM THE CADRE OF REVENUE ASSESSOR, MANAGER AND REPORTER, COPY OF WHICH HAS BEEN PRODUCED AS ANNEXURE-F, ETC.

In W.P.No.2345/2021:

BETWEEN:

1 . SRI M RAMESH S/O LATE M MARIYAPPA, AGED ABOUT 48 YEARS, PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO, BBMP, HEROHALLI BANGALORE - 560 091.

2 . SRI L RAMANJANEYULU S/O LATE LAKSHMAIAH AGED ABOUT 44 YEARS, PRESENTLY WORKING AS ASSESSOR IN THE OFFICE OF ARO (GOVINDARAJANAGAR)

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 040.

3 . SRI S GURUMURTHY S/O LATE P G SWAMY AGED ABOUT 44 YEARS, PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO (SHANTHINAGAR)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 027.

4 . SRI G MURTHY S/O LATE GANGAPPA, AGED ABOUT 51 YEARS, PRESENTLY WORKING AS A ASSESSOR, IN THE OFFICE OF ARO (KENGERI)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 060.

5 . SRI K V SURENDRA BABU S/O LATE VENKATASWAMY K R AGED ABOUT 57 YEARS, PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO (BTM LAYOUT)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 068.

6 . SRI H RIZWANULLA KHAN S/O LATE HABEEBULLA KHAN AGED ABOUT 58 YEARS, PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO (ARAKERE)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 068.

7 . SRI K NARAYANA SWAMY S/O LATE KRISHNA AGED ABOUT 53 YEARS, WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO (ARAKERE)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 068.

8 . SMT. S RENUKA D/O LATE SIDDAPPA AGED ABOUT 55 YEARS, PRESENTLY WORKING AS A ASSESSOR IN THE OFFICE OF ARO, (HOMBEGOWDA NAGAR)

BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE - 560 027.

…PETITIONERS (BY SRI.VIVEKANANDA.T.P., ADVOCATE)

AND:

1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BANGALORE-560 001.

BY ITS PRINCIPAL SECRETARY.

2. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

BY ITS COMMISSIONER.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R-1;

SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THAT PORTION OF BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES, 2020 NOTIFIED THROUGH NOTIFICATION DATED:16.03.2020 WHICH PRESCRIBES EDUCATIONAL QUALIFICATION OF BACHELOR DEGREE UNDER THE UGC NORMS FROM AN UNIVERSITY ESTABLISHED BYE- LAW FOR THE PROMOTION FROM THE CADRE OF REVENUE ASSESSOR, MANAGER AND REPORTER COPY OF WHICH HAS BEEN PRODUCED AS ANNEXURE-F, ETC.

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 In W.P.No.12052/2021:

BETWEEN:

1 . A AMRUTHA RAJ S/O ANAND RAJ AGED ABOUT 46 YEARS, WORKING AS ASSESSOR OFFICE OF ASSISTANT REVENUE OFFICER HEBBAL SUB DIVISION MUNIREDDY PALYA BANGALORE-560024.

2 . G NARASIMHA NAYAKA S/O P RAJANNA, AGED ABOUT 51 YEARS, WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER KEMPEGOWDA NAGAR SUB DIVISION BBMP, BANGALORE-560019.

3 . SIDDALINGAPPA S/O LATE S SIDDAPPA AGED ABOUT 58 YEARS, WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER HAL SUB DIVISION BANGALORE-560008.

4 . T NATARAJ S/O LATE THIMMARAYAPPA AGED ABOUT 51 YEARS WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER WHITE FIELD SUB DIVISION, MAHADEVAPURA MAIN ROAD, BBMP, BANGALORE-560066.

5 . RAJANNA, S/O LATE LINGEGOWDA AGED ABOUT 59 YEARS WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER RAJARAJESHWARI NAGAR ESTATE BBMP BANGALORE-560098.

6 . V MURTHY AGED ABOUT 49 YEARS WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER K R PURA SUB DIVISION BBMP, BANGALORE-560036.

7 . NATARAJA, S/O PERUMAL AGED ABOUT 46 YEARS WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER HEBBAL SUB DIVISION MUNIREDDY PALYA BANGALORE-560024.

8 . L RAMANAJEYALU S/O LATE LAKSHMAIAH AGED ABOUT 46 YEARS WORKING AS ASSESSORS OFFICE OF ASSISTANT REVENUE OFFICER GOVINDARAJA NAGAR SUB DIVISION, 16TH MAIN, M C LAYOUT VIJAYANAGAR, BANGALORE-40.

9 . SAGAR J S, S/O LATE JANAKIRAM AGED ABOUT 48 YEARS WORKING AS ASSESSORS OFFICE OF ARO SHETTIHALLI SUB DIVISION SHETTIHALLI, BBMP BANGALORE-560015.

…PETITIONERS (BY SRI.V.SRINIVAS, ADVOCATE)

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 AND:

1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001.

2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE N.R.SQUARE, BENGALURU-560 002.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R-1;

SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R-2)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PORTION OF BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES 2018 NOTIFIED THROUGH NOTIFICATION DATED 16.03.2020 ISSUED BY THE R-1 WHICH PRESCRIBES EDUCATION QUALIFICATION OF BACHELOR DEGREE UNDER UGC NORMS FROM AND UNIVERSITY ESTABLISHED BY LAW FOR THE PROMOTION FROM THE CADRE OF REVENUE ASSESSOR MANAGER AND REPORTER VIDE ANNEXURE-C TO THE WRIT PETITION AS UNCONSTITUTIONAL, ILLEGAL AND VIOLATIVE OF ARTICLE 14 AND 16 OF CONSTITUTION OF INDIA, ETC.

In W.P.No.20348/2022:

BETWEEN:

B.T.SHIVA KUMAR, S/O LATE B.V.THAMMAIAH, AGED ABOUT 50 YEARS, WORKING AS ASSISTANT REVENUE OFFICER (RULE 32) YELHANKA ZONE WELFARE DEPARTMENT, BYTARAYANAPURA, BANGALORE-560 092.

…PETITIONER (BY SRI.SRINIVAS.V AND ASSOCIATES, ADVOCATE)

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 AND:

1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BANGALORE-560 001.

2. THE COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

3. THE DEPUTY COMMISSIONER (ADMIN)

BRUHATH BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R-1;

SRI.B.L.SANJEEV, ADVOCATE FOR R-2 & R-3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PORTION OF BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES 2018 NOTIFIED THROUGH NOTIFICATION NUMBER UDD 90 MNU 2014(P-1) DATED:16.3.2020 ANNEXURE-G ISSUED BY THE R-1 WHICH PRESCRIBES EDUCATION QUALIFICATION OF BACHELOR DEGREE UNDER UGC NORMS FROM AND UNIVERSITY ESTABLISHED BY LAW FOR THE PROMOTION FROM THE CADRE OF REVENUE ASSESSOR MANAGER AND REPORTER VIDE ANNEXURE-G TO THE W.P. AS UNCONSTITUTIONAL ILLEGAL AND VIOLATIVE OF ARTICLE 14 AND 16 OF CONSTITUTION OF INDIA, ETC.

In W.P.No.21093/2022:

BETWEEN:

SATHISH B K S/O LATE KEMPAIAH, AGED ABOUT 2 YEARS, WORKING AS ASSESSOR, WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 OFFICE OF ASSISTANT REVENUE OFFICER EAST MARKET, 15TH FLOOR, PUBLIC UTILITY BUILDING, M.G.ROAD, BANGALORE – 560001.

…PETITIONER (BY SRI. SRINIVAS V & ASSTS., ADVOCATE)

AND:

1. STATE OF KARNATAKA, REPRESENTED BY IT’S SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT VIKAS SOUDHA BANGALORE – 560 001.

2. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE - 560 002.

3. THE DEPUTY COMMISSIONER (ADMIN)

BRUHATH BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE – 560 002.

…RESPONDENTS (BY SRI.B.RAVINDRANATH, AGA FOR R-1;

SRI.B.L.SANJEEV, ADVOCATE FOR R-2 & R-3.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THAT PORTION OF BBMP (GENERAL CADRE AND RECRUITMENT OF OFFICERS AND EMPLOYEES) RULES 2018 NOTIFIED THROUGH NOTIFICATION NUMBER UDD 90MNU 2014(P1) DATED 16.03.2020 ISSUED BY THE R1 WHICH PRESCRIBES EDUCATION QUALIFICATION OF BACHELOR DEGREE UNDER UGC NORMS FROM AND UNIVERSITY ESTABLISHED BY LAW FOR THE PROMOTION FROM THE CADRE OF REVENUE ASSESSOR MANAGER AND REPORTER VIDE ANNEXURE-E TO THE WRIT PETITION AS UNCONSTITUTIONAL, ILLEGAL AND VIOLATIVE OF ARTICLE 14 AND 16 OF THE CONSTITUTION OF INDIA.

WP No. 12052 of 2021 WP No. 20348 of 2022 WP No. 21093 of 2022 THESE PETITIONS HAVING BEEN HEARD AND RESERVED FOR ORDERS, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING