Karnataka High Court
Miss Veena Kumari S vs Karnataka Power Transmission on 22 October, 2024
Author: S.G.Pandit
Bench: S.G.Pandit
-1-
NC: 2024:KHC:42323-DB
WA No. 381 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR JUSTICE S.G.PANDIT
AND
THE HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
WRIT APPEAL NO. 381 OF 2023 (S-RES)
BETWEEN:
MISS. VEENA KUMARI S
D/O C SHIVASWAMY,
AGED ABOUT 29 YEARS
RESIDING AT NO.995/18,
1ST MAIN, M.C. LAYOUT,
VIJAYANAGARA,
BENGALURU- 560040.
...APPELLANT
(BY SRI. KALEEMULLAH SHARIFF, ADV.)
AND:
Digitally signed
by
MARIGANGAIAH 1. KARNATAKA POWER TRANSMISSION
PREMAKUMARI CORPORATION LIMITED
Location: HIGH CORPORATE OFFICE,
COURT OF CAUVERY BHAVAN,
KARNATAKA BENGALURU-560009,
REPRESENTED BY ITS
MANAGING DIRECTOR.
2. THE DIRECTOR
(ADMN AND HR),
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE,
-2-
NC: 2024:KHC:42323-DB
WA No. 381 of 2023
CAUVERY BHAVAN
BENGALURU-560009.
3. MR. MALLIKARJUN
S/O JAGANATH,
AGED MAJOR,
C/O THE DIRECTOR (ADMN. AND HR),
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED,
CORPORATE OFFICE,
CAUVERY BHAVAN
BENGALURU- 560009.
...RESPONDENTS
(BY SMT. RAKSHITHA D. J., ADV. FOR R1 & R2
SRI RAJESH A., ADV. FOR
SRI G.S. VENKAT SUBBA RAO, ADV. FOR R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET-ASIDE THE IMPUGNED
ORDER OF THE LEARNED SINGLE JUDGE, IN WP
NO.34531/2010, DATED 17.01.2023 IS ILLEGAL AND
CONSEQUENTLY ALLOW THE SAID WRIT PETITION AND GRANT
THE PRAYER SOUGHT FOR THEREIN.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.G.PANDIT
AND
HON'BLE MR JUSTICE RAMACHANDRA D. HUDDAR
-3-
NC: 2024:KHC:42323-DB
WA No. 381 of 2023
ORAL JUDGMENT
(PER: HON'BLE MR JUSTICE S.G.PANDIT)
The appellant is before this Court aggrieved by the
order dated 17.01.2023 passed by the learned single
judge in W.P.No.34531/2010 rejecting appellant's prayer
to quash final selection list dated 03.08.2010 in respect of
Assistant Accounts Officer in the first respondent-
Karnataka Power Transmission Corporation Limited (for
short "Corporation").
2. Heard Sri.Kallemullah Shariff, learned counsel for the
appellant; Smt.Rakshitha D.J., learned counsel for
respondents No.1 and 2 and Sri.Rajesh A., learned counsel
for Sri.Venkata Subba Rao, learned counsel for
Respondent No.3. Perused the writ appeal papers.
3. Sri.Kallemullah Shariff, learned counsel for the
appellant would submit that the appellant possesses the
qualification of MBA from Dr.M.G.R. Educational and
Research Institute, a Deemed University, Chennai.
Respondents Nos.1 and 2 invited applications under
NC: 2024:KHC:42323-DB
notification dated 26.08.2009 to fill up the posts of
Assistant Accounts Officer and the prescribed qualification
for the said post was M.Com/ICWA/MBA (Finance) from
any recognized University. It is the grievance of the
appellant that though the appellant had qualification of
MBA, her case is not considered for selection to the post of
Assistant Accounts Officer. Learned counsel invites
attention of this Court to Annexure-A and submits that the
appellant has studied Financial Management subject in
MBA and as such, she would be entitled for consideration
of her case for selection to the post of Assistant Accounts
Officer. Learned counsel would submit that studying the
subject 'Finance Management' would suffice the
requirement of qualification of MBA for consideration of
appellant's case. Thus, he prays for allowing the writ
appeal.
4. Per contra, learned counsel Smt.Rakshitha appearing
for respondents No.1 and 2 would submit that the
appellant would not possess required qualification in terms
NC: 2024:KHC:42323-DB
of notification dated 26.08.2009. It is submitted that the
required qualification for the post of Assistant Accounts
Officer is M.Com or ICWA or MBA (Finance). Thus, she
prays for dismissal of the writ appeal.
5. Having heard the learned counsel for the parties and
on perusal of the writ appeal papers, we are of the view
that learned single judge has rightly held that the
appellant would not possess the required qualification for
the post of Assistant Accounts Officer in the respondent-
Corporation.
6. It is an admitted fact that the appellant possesses
qualification of MBA from Dr.M.G.R.Educational and
Research Institute, a Deemed University. But the MBA
possessed by the appellant is not MBA (Finance) which is
the qualification prescribed by respondents No.1 and 2 for
the post of Assistant Accounts Officer. Studying a subject,
'Financial Management' in MBA course would not be
sufficient and cannot be considered as MBA(Finance).
MBA(Finance) is a separate specialized stream and the
NC: 2024:KHC:42323-DB
appellant would not possess the qualification of
MBA(Finance). No material is placed on record to
establish that the appellant possess the qualification of
MBA(Finance). Thus, we do not find any error in the order
passed by the learned single judge. Accordingly, the writ
appeal stands dismissed.
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(RAMACHANDRA D. HUDDAR)
JUDGE
MPK
CT:bms
