C CHELUVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These petitions under Art. 226 of the Constitution nave been referred to a Division Bench.

(2.) The petitioners were Process Servers; in the Subordinate Cpurts in Karnataka State. They had passed the VII Standard examination. They had been promoted as Bailiffs though there were juniors to several Process Servers who had not passed the VII standard examination. Subsequently their promotions were reviewed and they were reverted as Process Servers and Process Servers who were seniors to the petitioners, but had npt passed the VII standard examination, were promoted in their places.

(3.) In these petitions, the petitioners have prayed for quashing the Karnataka Subordinate Courts (Ministerial Posts and other Posts) (Recruitment) (Second Amendment) Rules, 1976 (hereinafter called the Amendment Rules). Alternatively the petitioners have prayed for a declaration that the Amendment Rules have no application to them. They have also prayed for issue of a mandamus directing the authorities to continue them as Bailiffs and not to revert them as Process Servers.