SHILPA KOTTARAGI vs THE STATE OF KARNATAKA AND ORS

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA


KALABURAGI BENCH

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

WRIT PETITION NO. 202442 OF 2021 (S-RES)

BETWEEN:

SMT.SHILPA KOTTARAGI
D/O ANNARAO,
AGED ABOUT 33 YEARS,
R/O HOUSE NO.2-909/43/2-18,
GANESH NAGAR, BADEPUR AREA
KALABURAGI-585105.
…PETITIONER







(BY SMT. RATNA N SHIVAYOGIMATH, ADVOCATE)


AND:

1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
URBAN DEVELOPMENT,
M.S.BUILDING, BENGALURU-1.

2.
THE DIRECTOR
MUNICIPAL ADMINISTRATION,
BENGALURU-01.

3. THE SECRETARY
KARNATAKA PUBLIC SERVICE COMMISSION
UDYOGA SOUDHA,
BENGALURU-01

Digitally
signed by
NIJAMUDDIN
JAMKHANDI
Location:
HIGH COURT
OF
KARNATAKA

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4.
THE COMMISSIONER
EMPLOYMENT AND TRAINING,
”KAUSALYA BHAVANA”,
BANNERGHATTA ROAD
BENGALURU-29.

5.
THE STATE BOARD OF EXAMINATIONS
THE DIRECTORATE OF EMPLOYMENT OF TRAINING
’KAUSALYA BHAVANA’, NEAR DAIRY CIRCLE
BANNERGHATTA ROAD,
BENGALURU-29.
REPRESENTED BY DIRECTOR

6.
THE JOINT DIRECTOR
DEPARTMENT OF EMPLOYMENT AND TRAINING,
BELGAUM DIVISION, NAVNAGAR,
HUBBALLI-25.

7. THE PRINCIPAL
SHREE SIDDARAMESHWAR RURAL PVT. ITI,
CHOKAVI, HIRUR, TQ: MUDDEBIHAL,
DIST: VIJAYAPURA-586242.
…RESPONDENTS
(BY SRI VIRANAGOUDA BIRADAR, AGA FOR R1, R2, R4 & R6;
SRI R.J.BHUSARE, ADV. FOR R3;
SRI GOPALKRISHNA B. YADAV, ADV. FOR R7)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO, A) ISSUE A WRIT
OR ORDER OR DIRECTION WRIT IN THE NATURE OF
CERTIORARI, QUASHING THE IMPUGNED ORDER DATED
06.10/11.2021 IN NO.26508:DMA: 32:COG:2018-19/9744, AS
PER ANNEXURE-G; B) ISSUE A WRIT OR ORDER OR
DIRECTION WRIT IN THE NATURE OF MANDAMUS, DIRECTING
THE RESPONDENT NO.2 TO ISSUE THE ORDER OF

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APPOINTMENT TO THE POST OF ELECTRICIAN GRADE-II, AS
PER ANNEXURE-E; C) PASS SUCH ANY OTHER ORDERS AS
DEEMED FIT BY THIS COURT UNDER THE FACTS AND
CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE
AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

ORAL ORDER

This writ petition is filed seeking following prayers:
“a) Issue a writ or order or direction writ in the
nature of certiorari, quashing the impugned order
dated 06.10/11.2021 in No.26508:DMA:
32:COG:2018-19/9744, as per Annexure-G;
b) Issue a writ or order or direction writ in the
nature of mandamus, directing the respondent No.2
to issue the order of appointment to the post of
Electrician Grade-II, as per Annexure-E;
c) Pass such any other orders as deemed fit by this
court under the facts and circumstances of the case
in the interest of justice and equity.”


2. Learned counsel for the petitioner submits that
petitioner had completed ITI course from respondent No.7
– College for the academic year 2011 to 2013. Provisional
Trade Certificate was issued. Thereafter the authority

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approved the admission as per Annexure-C. It is further
submitted that the petitioner applied for the recruitment to
the post of Electrician. She was selected as per the final
selection list. She was called for document verification.
She was awaiting for the appointment order. However, the
authorities i.e., the respondent No.2 issued the
endorsement indicating that the petitioner’s admission for
ITI was not approved by the competent authority. It is
submitted that as per Annexure-C the admission of the
petitioner was approved by the respondent No.4.
However, the Recruitment Agency has forwarded the
papers to the respondent No.6 for verification and based
on such input, impugned endorsement came to be issued.
It is submitted that in a similarly placed circumstance, this
Sri Ashwath vs. State of Karnataka &
Court in the case
1
Ors.
allowed the writ petition. Hence, he seeks to allow
this petition.

1
W.P.No.203455/2023 & connected matter disposed of on
18.09.2024

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3. Per contra , learned Additional Government
Advocate appearing for the respondents-State supports
the impugned endorsement and submits that the
respondent No.2 secured the report about the correctness
of the educational qualification document produced by the
petitioner. According to the respondent No.6, the
petitioner's admission for ITI was not approved. Hence,
the impugned endorsement is issued which does not call
for any interference. Hence, he seeks to dismiss the
petition.

4. Learned counsel appearing for the respondent
No.7 submits that as per Annexure-C, the petitioner's
admission at the respondent No.7 for relevant year was
approved by the respondent No.4. Hence, he seeks to
allow the petition.

5. Learned counsel appearing for the respondent
No.3 submits that he is only a recruiting agency and as
per the requirement and qualification, recruitment process

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was completed and the list was notified. In the said list,
name of the petitioner was notified. However, later the
authority, on certain grounds, issued the said
endorsement. The same does not call for interference.
Hence, he seeks to dismiss the petition.

6. I have heard the arguments of learned counsel
for the petitioner and learned counsel for the respondents.
Meticulously perused the material available on record.

7. The petitioner, after completing her SSLC,
joined ITI- Electrical Trade at the respondent No.7 -
College for the academic year commencing from August,
2011 to July, 2013. After completion of the course, the
petitioner was issued with the Provisional State Trade
Certificate at Annexure-B. The petitioner has produced a
list of trainees of the respondent No.7 - College which
indicates that the respondent No.4 has approved the
admission of the petitioner. The material on record further
indicates that the petitioner had applied for the post of

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Electrician in the Town Municipal Department through
respondent No.3. The petitioner’s name has been notified
in the provisional selection list dated 17.12.2016.
Thereafter the petitioner was called for verification of
documents on 05.06.2018 as is evident from the
communication dated 18.05.2018 issued by the
respondent No.3. The petitioner appeared, produced
requisite documents, thereafter, the respondent No.3
issued the final selection list on 30.11.2018. In the said
list, the petitioner's name is found at Serial No.16. The
petitioner was called upon to attend the counselling for the
purpose of posting on 07.08.2019. The material on record
also indicates that the respondent No.2 sent a
communication to the respondent No.6 along with the
petitioner's education qualification i.e., ITI Certificate for
verification. The respondent No.6 has sent a
communication dated 13.02.2019 to the respondent No.2
indicating that the petitioner's admission at the respondent
No.7 – College was not approved by the respondent No.6

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and based on such communication, the respondent No.2
has issued the impugned endorsement dated 06.11.2021.

8. It is to be noticed that in a similar set of facts,
Sri. Ashwath
this Court in the case of referred supra set
aside the decision taken by the authority therein. It is to
be noticed that Annexure-C issued by the respondent No.4
clearly indicate that the admission of the petitioner in the
respondent No.7 - College for the academic year 2011 to
2013 for the ITI Electrical Trade was approved and based
on such document the respondent No.3 has selected the
petitioner as a qualified candidate and on verification from
the incorrect authority the impugned endorsement has
been issued. The respondent No.2 ought to have sent a
communication to the respondent No.4 to verify the
credentials of the educational qualification of the petitioner
and then taken an appropriate decision. The decision
taken by the respondent No.2 based on the
communication dated 13.02.2019 of the respondent No.6
is incorrect as the respondent No.6 admittedly has not

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approved the admission of the petitioner but the
respondent No.4 has approved the said admission of the
petitioner.

9. For the aforesaid reasons, I proceed to pass the
following:
ORDER
allowed
(i) The Writ petition is .

(ii) The impugned endorsement at Annexure-G
dated 06.11.2021 issued by the respondent
No.2 is set aside.

(iii) The respondent No.2 is directed to
reconsider the petitioner's request for
appointment to the post of Electrician
Grade-II as per Annexure-E – selection list
in accordance with law.

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(iv) The consideration shall be made within a
three months
period of from the date of
receipt of copy of the order.
No order as to costs.


Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE


SWK
List No.: 1 Sl No.: 41