J NADAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition under Art 226 of the Constitution has been leferred to a Division Bench.

(2.) The petitioners had been promoted from the cadre of First Division Clerks to the cadre of Superintendents in the Department of State Accounts. Though they were juniors to several First Division Clerks in that Department, they (the petitioners) had been promoted in preference to their seniors on the ground that they (the petitioners) had passed certains Service examinations, while those seniors had not passea them. The promotions of the petitioners were sought to be reviewed by the authorities under the provisions of the Karnataka Service Examinations Act, 1976 (hereinafter referred to as 'the Act'). They apprehended that on such review they would be reverted, from the cadre of Superintendents to the cadre of First Division Clerks or that their seniority would be brought down vis-a-vis those who were seniors to them in the cadre of First Division Clerks and had not been promoted earlier but would be promoted on such review of promotions.

(3.) In this petition, the petitioners have challenged the constitutionality of the Act. They have also prayed for issue of a mandamus directing the authorities of the State of Karnataka not to enforce the provisions of the Act against them.