IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^rd DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 814 OF 2025 (S-RES)

BETWEEN:

1. SRI HARISH KUMAR H P S/O PUTTEGOWDA, AGED ABOUT 40 YEARS, R/AT HIRINDYAPPANAHALLI, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562119

2. SRI VISHWANATH S/O VRUSHABENDRAYYA SASIMATH, AGED ABOUT 37 YEARS, R/AT GUDDNEPPANAMATH POST, KUKANOOR YELABURGA TALUK, KOPPALA DISTRICT-583232 D igitally signed by

3. SRI HAMPANNA KOLAKAR VASANTHA KUMARY B S/O SIDDAPPA, K AGED ABOUT 37 YEARS, Location:

HIGH R/AT YARANALA POST, COURT OF BASAVANA BAGEWADI TALUK, KARNATAKA VIJAYAPURA DISTRICT-586122 …APPELLANTS (BY SRI. LAKSHMI NARAYANA, SENIOR ADVOCATE FOR SMT. SHILPA RANI., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, REP BY ITS CHIEF SECRETARY, VIKASA SOUDHA, BENGALURU-560001

2. THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION, 9TH FLOOR, VISHVESHWARAIAH TOWER, DR AMBEDKAR ROAD, BENGALURU-560001

3. KARNATAKA PUBLIC SERVICE COMMISSION REP BY ITS SECRETARY, UDYOGA SOUDHA, BENGALURU-560001 …RESPONDENTS (BY SRI. RUEBEN JACOB, AAG ALONG WITH SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1 & R2;

SMT. M.R.SINCHANA, ADVOCATE FOR R3)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No-7190/2022 (S-RES) SET ASIDE THE ORDER DATED 24.02.2025 THEREIN PASSED BY THE LEARNED SINGLE JUDGE AND ALLOW THE WP AS PRAYED FOR TO MEET THE ENDS OF JUSTICE.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 30.01.2026, COMING ON FOR PRONOUNCEMENT THIS DAY, HON'BLE MR. JUSTICE D K SINGH., PRONOUNCED THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court Appeal has been filed impugning the judgment and order dated 24.02.2025 passed by the writ Court in W.P.No.7190/2022.

2. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

3. The petitioners have filed the writ petition seeking a writ of certiorari to quash the endorsement dated 04.11.2021 issued by the Director, Department of Municipal Administration, Government of Karnataka, whereby the petitioners request to issue appointment order against the post of Work Inspector in pursuance to the selection held by the Karnataka Public Service Commission (hereinafter referred to as 'the KPSC') has been rejected and further prayer for writ of mandamus commanding the respondents to issue letter of appointment to the petitioners who have secured more than 25% marks and are fully eligible for appointment in terms of the final selection list dated 16.09.2017.

4. The learned Single Judge however has taken the view that as the State Government had taken a decision vide Government order dated 05.01.2021 to abolish the cadre of Work Inspector, the petitioners would not be entitled for appointment even if they have secured more than 25% marks in the examination. Mere selection and names in the select list would not entitle them to seek appointment when the Government has taken a decision to abolish the post against which they got selected.

5. On requisition having been sent by the Director, Department of Municipal Administration, the respondent No.2 for making selection against 211 posts of the Work Inspector in the Department of Urban Development to be merged with local bodies, the KPSC, the respondent No.3, issued a notification dated 06.04.2016 and called for applications from the eligible candidates to fill up 211 posts of the Work Inspector. The KPSC conducted the competitive examination on 13.11.2016 and directed the candidates to appear for verification of their testimonials on 21.06.2017. After verification of the testimonials of the candidates, the KPSC notified provisional select list and issued final select list on 16.09.2017. The petitioners' names were found in the final select list at