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KAHC020042082025_1

High Court: Karnataka High Court Bench: DHARWAD
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2026-08-06 20:56:40
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Issue of Consideration

Whether the Karnataka Housing Board (Recruitment and Conditions of Service) (Amendment) Rules, 2022, which created a promotional avenue for diploma-holder Engineers to ascend to the cadre of Executive Engineer, and the consequent gradation list dated 22-01-2025, are legally valid and whether they violate the established service structure by treating graduate and diploma Engineers as equals.

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Case Details

2026 LawText (KAR) (07) 80

Writ Petition No.101332 of 2025 (S-RES)

2026-07-29

M. Nagaprasanna

Gurudas Khannur, Jagadish Patil, T. Hanumareddy, H.R. Gundappa, Rajashekhar Burji, Neelendra D. Gunde, Krishna Mohana Reddy C., Vijaykumar Kotin, M.S. Bhagwat, A.D. Kulkarni, Vijaykumar, Omkar L. Desai

Vijay Shankar Deshinge, Pramoda B.P., Sahana M., Irfan Ahmed

State of Karnataka, Karnataka Housing Board, Ganesh H.N. and Others

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Nature of Litigation

Service litigation concerning challenge to amendment of recruitment rules and common gradation list denying promotional distinction between graduate and diploma engineers.

Remedy Sought

Petitioners (graduate Assistant Executive Engineers) seek writ of certiorari quashing Notification dated 01-06-2022 and gradation list dated 22-01-2025, and direction to prepare fresh gradation list maintaining distinction.

Filing Reason

Impugned amendment allowed diploma-holder Assistant Executive Engineers to compete for Executive Engineer posts, eroding promotional prospects of graduate engineers, contrary to established service structure.

Issues

Validity of Notification dated 01-06-2022 amending Karnataka Housing Board (Recruitment and Conditions of Service) Rules Validity of gradation list dated 22-01-2025 Whether the amendment violates the principle of equality by treating graduate and diploma Engineers as equals for promotion to Executive Engineer

Submissions/Arguments

Petitioners contend that nowhere in any statutory organization or Government service are diploma holders entitled to promotion beyond Assistant Executive Engineer, and the amendment treats unequals as equals, eroding their promotional prospects. Petitioners argue that the Board did not consider their representations and that the distinction between graduate and diploma Engineers, maintained for over five decades, should be preserved. Respondents contend that the private respondents are not treated on par with graduate Engineers; under the Rules, an Assistant Executive Engineer becomes eligible for promotion to Executive Engineer only if a graduate with three years... [incomplete]

Judgment Excerpts

The petitioners, perceiving the amendment to be destructive of the long-standing distinction maintained between graduate and diploma Engineers, did not remain mute spectators. The publication of the common gradation list, coupled with the impugned amendment to the Rules, constitutes the genesis of the present lis.

Procedural History

Petitioners entered service as Assistant Engineers on 29-06-2010, promoted to Assistant Executive Engineer on 01-07-2021. The Karnataka Housing Board (Recruitment and Conditions of Service) (Amendment) Rules, 2022 were notified on 01-06-2022, permitting diploma-holder Engineers to be promoted to Executive Engineer. Petitioners made representations against the amendment, which were not answered. The Board published a common gradation list on 22-01-2025 for promotion to Executive Engineer, combining graduate and diploma holders. The petitioners filed the writ petition in 2025 challenging the amendment and gradation list. The matter was heard on 25-04-2026 and reserved for orders. Judgment was pronounced on 29-07-2026.

Acts & Sections

  • Karnataka Housing Board (Recruitment and Conditions of Service) (Amendment) Rules, 2022:
  • Constitution of India: Articles 226, 227
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graduate engineers diploma holders promotion Karnataka Housing Board amendment rules 2022 gradation list classification writ petition service law

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