Smt Sharadamma K S v. The Chief Commissioner

NC:(2026:KHC:24245( WP(No.(12315(of(2026( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(29 (DAY(OF(APRIL,(2026(

BEFORE( THE(HON'BLE(MR.(JUSTICE(SACHIN(SHANKAR(MAGADUM( WRIT(PETITION(NO.(12315(OF(2026((GM-RES)( BETWEEN:(( ( SMT,SHARADAMMA,K.S.,, W/O,NARAYANA,G.,, AGED,ABOUT,51,YEARS,,, RESIDING,AT,NO.45,, SRI,RANGANILAYA,, MUNIKONDAPPA,LAYOUT,, MARAMMA,TEMPLE,ROAD,, NAGARANDRA,POST, BENGALURU-560073., …PETITIONER,

(BY,SRI.,HARSHA,KUMAR,GOWDA,H.R.,,ADVOCATE), , AND:( ( Digitally

1., THE,CHIEF,COMMISSIONER, signedtiby AND,DIVISIONAL,CENSUS,OFFICER,,,CHAITHRA0A GRATER,BENGALURU,AREA,(GBA),,, Location: BENGALURU-560001.,HIGH0COURT AND,BRUHAT,BENGALURU,,OF MAHANAGARA,PALIKE,(BBMP),,,KARNATAKA BENGALURU-560001., ,

2., THE,COMMISSIONER,, BENGALURU,SOUTH,CORPORATION,,, GRATER,BENGALURU,AREA,(GBA),,, 9TH,MAIN,,9TH,CROSS,,2ND,BLOCK,,, JAYANAGARA,,BENGALURU-560011., ,

3., DEPARTMENT,OF,SCHOOL,EDUCATION,, BLOCK,EDUCATION,OFFICE,NORTH-4,,, NC:(2026:KHC:24245( WP(No.(12315(of(2026( ( , ,,HC-KAR( ( ( YELAHANKA,,BENGALURU,NORTH-560064., RESPRESENTED,BY,BEO, …RESPONDENTS, (BY,SRI.,PAWAN,KUMAR,,ADVOCATE,FOR,R1,AND,R2;, ,,,,,,SMT.,NAVYA,SHEKAR,,AGA,FOR,R3), , , THIS,WRIT,PETITION,IS,FILED,UNDER,ARTICLE,226,OF, THE, CONSTITUTION, OF, INDIA,, PRAYING, TO, ISSUE, WRIT, OF, MANDAMUS, TO, THE, RESPONDENT, NO.2, TO, CONSIDER, THE, PETITIONER, REPRESENTATION, DATED, 08.04.2026, AND,

10.04.2026, PRODUCED, AT, ANNEXURE, -, F, AND, G, RESPECTIVELY,AND, DIRECT,THE, RESPONDENTS, NO.1, AND, 2, TO,EXEMPT,THE,PETITIONER,FROM,CENSUS,ENUMERATOR,FOR, CENSUS,2027,HOUSE,LISTING,HOUSING,CENSUS,AND,ETC., , , THIS, WRIT, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:, , CORAM:, ,,,HON'BLE,MR.,JUSTICE,SACHIN,SHANKAR,MAGADUM, , ORAL(ORDER( , The, petitioner, has, approached, this, Court, invoking, the, extraordinary, jurisdiction, under, Article, 226, of, the, Constitution, of, India,, seeking, issuance, of, a, writ, in, the, nature,of,mandamus,to,direct,respondent,No.2,to,consider, the, representations, dated, 08.04.2026, and, 10.04.2026,, produced, at, Annexures–F, and, G,, and, consequently, to,

grant exemption from discharging duties as a Census Enumerator in connection with the ensuing Census 2027 – House Listing and Housing Census operations.

¶2Heard the learned counsel for the petitioner and the learned Additional Government Advocate appearing for the respondents. Perused the material placed on record.

¶3On a careful examination of the pleadings and the documents produced, it emerges that the petitioner has been assigned duties relating to census enumeration. In order to substantiate his inability to discharge such duties, the petitioner has placed reliance on a medical certificate issued by the competent authority in the District Hospital, wherein the attending doctor has opined that the petitioner is medically unfit to stand for prolonged periods and is also unable to walk long distances.

¶4The nature of duties attached to census work, more particularly house listing and enumeration, undeniably requires extensive physical exertion, including

prolonged standing, walking across designated areas, and undertaking door-to-door data collection.

¶5This Court cannot lose sight of the fact that census operations, though of paramount public importance, demand considerable physical endurance from the personnel engaged in such tasks. When a government servant, on account of medically substantiated limitations, expresses inability to discharge such physically demanding duties, the competent authority is required to examine such representation with due sensitivity and in accordance with law. The material on record prima facie indicates that the petitioner has placed sufficient medical evidence before the authorities seeking exemption or appropriate relief.

¶6In that view of the matter, this Court is of the considered opinion that the petitioner has made out a case warranting interference, albeit limited to directing the competent authority to consider the representations in the

light of the medical evidence placed on record. It would be appropriate for respondent No.2 to re-examine the petitioner's case, particularly having regard to the medical opinion and the nature of duties involved, and take a reasoned decision in accordance with law.

¶7Accordingly, the writ petition stands disposed of with the following directions:

(i) Respondent No.2 is directed to consider the petitioner's representations dated 08.04.2026 and

10.04.2026, produced at Annexures–F and G, in the light of the medical certificate issued by the District Hospital;

(ii) While considering the same, respondent No.2 shall take into account the nature of duties involved in census enumeration and the petitioner's medical condition, and pass a reasoned order in accordance with law;

(iii) Such consideration and decision shall be completed within a period of two (2) weeks from the date of receipt of a certified copy of this order. Ordered accordingly. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE

ALB List No.: 2 Sl No.: 44