[Cites 6, Cited by 0]
Karnataka High Court
Shri Siddalingappa vs The State Of Karnataka on 18 December, 2025
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
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NC: 2025:KHC-K:7910
WP No. 200882 of 2025
C/W WP No. 201959 of 2025
WP No. 202136 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 18TH DAY OF DECEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.G.S.KAMAL
WRIT PETITION NO. 200882 OF 2025 (S-RES)
C/W
WRIT PETITION NO. 201959 OF 2025 (S-RES)
WRIT PETITION NO. 202136 OF 2025 (S-RES)
IN WP No.200882/2025
BETWEEN:
1. SHRI SIDDALINGAPPA S/O SHIVRAYA,
AGED ABOUT 41 YEARS, OCC: UNEMPLOYED,
R/AT. POST HALLI SALGAR, TQ. ALAND,
DIST. KALBURGI (GULBARGA)-585302.
Digitally signed 2. MURGENDRA
by KHAJAAMEEN S/O NAGENDRAPPA (SAJJAN),
MALAGHAN
AGED ABOUT 36 YEARS, OCC: UNEMPLOYED,
Location: HIGH
COURT OF R/AT. SAGAR B. VILLAGE, TQ. SHAHAPUR,
KARNATAKA DIST. YADGIR-585 323.
3. SHIVKUMAR S/O RAJENDRA,
AGED ABOUT 34 YEARS, OCC: UNEMPLOYED,
R/AT: H NO.3-1-5, PANSAL TALIN FATDAJ VILLAGE
AND POST, TQ. AND DIST.-BIDAR-585 402.
4. ANAND MUNOLI S/O SHIVAPUTRAPPA,
AGE: 37 YEARS, OCC: UNEMPLOYED,
R/AT H.NO.9/362, KABADGALLI, GULBURGA
(KALBURGI)-585101.
5. RAVI S/O BABU (GUTTEDAR),
AGED ABOUT 35 YEARS,OCC: UNEMPLOYED,
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R/AT H.NO. MIG 156, KHB COLONY,
OLD JEWARGI ROAD,
TQ. AND DIST. BIDAR-585 330.
6. SHAMEERMIYA S/O FAKRUDDIN,
AGED ABOUT 37 YEARS, OCC: UNEMPLOYED,
R/AT RAMDURG, TQ. RAMDURG,
DIST. BELGAUM-591 123.
7. KALYANRAO
S/O GURULINGAPPA MALIPATIL,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT MATHWAL VILLAGE, TQ. BASAVAKALYAN,
DIST. BIDAR-585401.
8. BRAHMA CHARI B. P.,
S/O PARAMESHWARA CHARI B.,
AGED ABOUT 43 YEARS, OCC: UNEMPLOYED,
R/AT ARABAGATTE VILLAGE,
TQ.-HONNALI, DIST.DAVANAGERE-577217.
9. RAMPURADA KHADARALINGA P
S/O SHEKSHAVALI P.R.,
AGED ABOUT 44 YEARS, OCC: UNEMPLOYED,
R/AT H.NO.269, VEERAPURA VILLAGE,
TQ.PAVAGADA, DIST.TUMKUR-561 202.
10. MANJUNATH H
S/O HANAMANTHRAYA,
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/O DANDAPALYA VILLAGE, GUNDALLI POST,
PAWAGAD, TQ. AND DIST. TUMKUR-572101.
11. SANTOSH S/O GAUSHETTY,
AGED ABOUT 34 YEARS, OCC: UNEMPLOYED,
R/AT GUNNALLI VILLAGE,
TQ. DIST. BIDAR-585401.
12. VISHWANATH S/O NAGAPPA,
AGED ABOUT 37 YEARS, OCC: UNEMPLOYED,
R/AT GUNNALLI VILLAGE,
TQ. DIST. BIDAR-585401.
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HC-KAR
13. SANTOSH B
S/O BASAVANAPPA BADIGER,
AGED ABOUT 37 YEARS, OCC UNEMPLOYED,
R/AT TUMARIKOPPA JADE POST, SORABA,
TQ. AND DIST. SHIMOGGA-577201.
14. ARUNKUMAR S/O REVAPPA PATIL,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT RACHOTESHWAR NILAYA, PLOT NO.65,
KAVERI NAGAR, LANGOTPEER DARGA SHAHA BAZAR,
KALABURAGI-585 104.
15. MALLIKARJUN
S/O SHIVAPUTRAPPA BABALAD,
AGED ABOUT 36 YEARS, OCC: UNEMPLOYED,
R/AT SAWALAGI (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585104.
16. SHIVASHARAN S/O GURUMATH BHIMALLI,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT H.NO.T-9-587/714 OPP DEVI TEMPLE,
DEVI NAGAR, ALAND ROAD,
KALABURAGI-585 104.
17. HANMANTHRAI S/O AYANNA,
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/AT S.B.TEMPLE, VISHWARADYA KHUBA PUBLICITY,
SHARAN NAGAR, SHAHABAD, TQ. CHITTAPUR,
DIST. KALABURAGI-585104.
18. SHIVANAND S/O LINGAPPA UDAGI,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT HIROLLI, TQ. ALAND, DIST. KALABURAGI.
19. AHMED PASHA S/O NADIMSAB,
AGED ABOUT 37 YEARS, OCC: UNEMPLOYED,
R/AT HUSSAINI ALAM, DARGA ROAD QILLA,
MUDAGAL, TQ. LINGASUGURU,
DIST. RAICHUR-586101.
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20. MANJUNATH
S/O MOUNESHWAR ACHARYA,
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/AT 5TH WARD, DOOR NO.941 POST. KUDALAGI,
TQ . KUDALAGI, DIST. BELLARY-583101.
21. SANTOSH
S/O SHIVARUDRAPPA KANNUR,
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/AT SAWALAGI (B) VILLAGE,
TQ. AND DIST. KALABURAGI-585104.
22. SURESH S/O MALLINATH DHULE,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT KINNI SULTAN, TQ. ALAND,
DIST. KALABURAGI.
23. RAVIKUMAR S/O BHAVANRAO (LAVATE),
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/AT POST JANWADA VILLAGE,
TQ. AND DIST. BIDAR-585401.
24. YALLALING M. M.
S/O MALKANNA K. M.,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT TADAKAL VILLAGE, TQ. ALAND,
DIST. KALABURAGI-585104
...PETITIONERS
(BY SRI. RAVI B PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF ENERGY, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001,
REP. BY ITS PRINCIPAL SECRETARY.
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WP No. 200882 of 2025
C/W WP No. 201959 of 2025
WP No. 202136 of 2025
HC-KAR
2. GOVERNMENT OF KARNATAKA DEPARTMENT OF
LABOUR AND EMPLOYMENT,
DIRECTORATE OF EMPLOYMENT AND TRAINING,
OFFICE OF THE COMMISSIONER KAUSHALYA
BHAVAN, BANNERGHATTA ROAD, NEAR DAIRY
CIRCLE, HOSUR ROAD,
BENGALURU-560 029.
3. KARNATAKA POWER TRANSMISSION CORPORATION
LTD
(KPTCL) KAVERI BHAVAN, K.G.ROAD,
BANGALORE-560 009,
REP.BY ITS MANAGING DIRECTOR/ DIRECTOR ADMN
AND HRD.
4. BANGALORE ELECTRICITY SUPPLY COMPA..
CHAMUNDESHWARI ELECTRIC SUPPLY COMPANY
LIMITED (CESCOM), CORPORATE OFFICE, NO.927,
L.G.AVENUE COMMERCIAL COMPLEX, NEW
KANTHARAJ ROAD, SARASWATHIPURAM,
MYSORE-570 009,
REP BY ITS MANAGING DIRECTOR.
5. MANGALORE ELECTRIC SUPPLY COMPANY LTD
(MESCOM), CORPORATE OFFICE, PARADIGM PLAZA,
A.B.SHETTY CIRCLE, MANGALORE-575001.
6. CHAMUNDESHWARI ELECTRIC SUPPLY
COMPANY LIMITED
(CESCOM), CORPORATE OFFICE, NO.927,
LG AVENUE COMMERCIAL COMPLEX,
NEW KANTHRAJ ROAD, SARASWATIPURAM,
MYSORE-570009,
REPRESENTED BY ITS MANAGING DIRECTOR.
7. HUBLI ELECTRIC SUPPLY COMPANY LTD
(HESCOM), CORPORATE OFFICE, NAVANAGAR,
P.B.ROAD, (HUBLI) HUBBALLI-580025,
REP. BY ITS MANAGING DIRECTOR.
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NC: 2025:KHC-K:7910
WP No. 200882 of 2025
C/W WP No. 201959 of 2025
WP No. 202136 of 2025
HC-KAR
8. GULBARGA ELECTRIC SUPPLY COMPANY LTD
(GESCOM), CORPORATE OFFICE, MAIN ROAD,
GULBURGA (KALBURGI)-585002,
REP. BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1 AND R2;
SRI S.S. NAGANAND SENIOR COUNSEL FOR
SRI RAVINDRA REDDY, ADVOCATE FOR R3, R4 AND R5;
SRI GANESH S. KALBURGI, ADVOCATE FOR R7;
R6 AND R8 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, (A)
ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED
NOTIFICATION DATED 14.10.2024 BEARING NO.
KPTCL/B16/44953/2023-24 (NKK) PASSED BY 3RD
RESPONDENT AS AT ANNEXURE-R DEPRIVING THE
PETITIONERS OF AN OPPORTUNITY TO SEEK FOR
RECRUITMENT BASED ON THE QUALIFICATION OF ITI + 01
YEAR APPRENTICESHIP FROM THE TRAINING INSTITUTE OF
KEB/KPTCL, AS ILLEGAL, ARBITRARY AND IN VIOLATION OF
THE DIRECTIONS ISSUED IN WRIT PETITION NOS.80629-
658/2012 AND W.A.NO.3074-3083/2012. (B) ISSUE A WRIT OF
CERTIORARI TO QUASH THE IMPUGNED COMMUNICATION
DATED 18.10.2023 ISSUED BY THE 3RD RESPONDENT
AUTHORITY NO.KPTCL/MD/HIAAKA/B-16/39418/2013-14
BEARING (II) 121 AS AT ANNEXURE-O IS CONTRARY TO THE
ASSURANCE GIVEN ON 30.04.2020 AND THE DECISION OF
124TH BOARD MEETING. (C) ISSUE A WRIT OF MANDAMUS
DIRECTING RESPONDENTS NO.3 TO COMPLY THE ASSURANCE
GIVEN TO THE PETITIONERS VIDE COMMUNICATION DATED
30.04.2020 AS AT ANNEXURE-K SERIES BY CONSIDERING THE
CANDIDATURE OF THE PETITIONERS IN THE PENDING
RECRUITMENT NOTIFICATION DATED 14.10.2024 AS AT
ANNEXURE-R, WITHIN SUCH STIPULATED TIME AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE
CASE. (D) PASS SUCH OTHER ORDER/S AS THIS HON'BLE
COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE.
NC: 2025:KHC-K:7910
HC-KAR
BETWEEN:
1. SADASHIV S/O MALKANNA SANGOLGI,
AGED ABOUT 42 YEARS, OCC: UNEMPLOYED,
R/AT JAMGA (B) POST ASTAG,
TQ. DIST. KALBURAGI (GULBARGA)-585 104.
2. SUJENDRATEERTH S/O RAMRAO SANGOLGI,
AGED ABOUT 38 YEARS, OCC: UNEMPLOYED,
R/AT H NO 11-366/41/6, PLOT NO.56,
CHANDRALAMBA KRUPA,
NEW RAGHAVENDRA COLONY,
DIST. KALABURAGI-585 103.
3. HANUMESH S/O RAMRAO KULKARNI,
AGED ABOUT 39 YEARS, OCC: UNEMPLOYED,
R/AT H.NO.11-366/41/B, PLOT NO.56,
CHANDRALAMBA KRUPA, NEW RAGHAVENDRA COLONY
DIST.-BIDAR-585 103.
4. SHARANBASAPPA S/O HANMANTH,
AGE: 45 YEARS, OCC: UNEMPLOYED,
R/AT PLOT NO.17, GANESH NILAYA,
UDAY NAGAR, JEWARGI ROAD,
GULBURGA (KALBURGI)-585 102.
5. SRI UDAYA KUMAR
S/O PANDURANG AGED ABOUT 39 YEARS,
OCC: UNEMPLOYED,
R/AT PLOT NO.12 NGO'S COLONY,
NEW JEWARGI ROAD, KALABURGI-585 102.
...PETITIONERS
(BY SRI. RAVI B. PATIL, ADVOCATE)
AND:
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HC-KAR
1. THE GOVT. OF INDIA,
REPRESENTED BY ITS DIRECTORATE GENERAL OF
EMPLOYMENT AND TRAINING MINISTRY OF LABOUR
AND EMPLOYMENT SHARMA SHAKTI BHAVAN,
RAFI MARG, NEW DELHI-110001.
2. THE STATE OF KARNATAKA,
DEPARTMENT OF ENERGY, VIKASA SOUDHA,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001,
REP BY ITS PRINCIPAL SECRETARY.
3. GOVERNMENT OF KARNATAKA
DEPARTMENT OF LABOUR AND EMPLOYMENT,
DIRECTORATE OF EMPLOYMENT AND TRAINING,
OFFICE OF THE COMMISSIONER KAUSHALYA BHAVAN,
BANNERGHATTA ROAD, NEAR DAIRY CIRCLE,
HOSUR ROAD, BENGALURU-560 029.
4. KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED (KPTCL) KAVERI BHAVAN,
K.G.ROAD BANGALORE-560 009,
REP.BY ITS MANAGING DIRECTOR
[ADMINISTRATION HR].
5. BANGALORE ELECTRICITY SUPPLY
COMPA...
CHAMUNDESHWARI ELECTRIC SUPPLY COMPANY
LIMITED (CESCOM), CORPORATE OFFICE, NO.927,
L.G.AVENUE COMMERCIAL COMPLEX, NEW
KANTHARAJ ROAD, SARASWATHIPURAM,
MYSORE-570 009,
REP BY ITS MANAGING DIRECTOR.
6. MANGALORE ELECTRIC SUPPLY COMPANY
LIMITED (MESCOM),
CORPORATE OFFICE, PARADIGM PLAZA,
A.B.SHETTY CIRCLE,
MANGALORE-575001.
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HC-KAR
7. CHAMUNDESHWARI ELECTRIC SUPPLY
COMPANY LIMITED (CESCOM),
CORPORATE OFFICE, NO.927, LG AVENUE
COMMERCIAL COMPLEX, NEW KANTHRAJ ROAD,
SARASWATIPURAM, MYSORE-570009
REPRESENTED BY ITS MANAGING DIRECTOR.
8. HUBLI ELECTRIC SUPPLY COMPANY
LIMITED (HESCOM),
CORPORATE OFFICE, NAVANAGAR, P.B.ROAD,
(HUBLI) HUBBALLI-580025,
REP. BY ITS MANAGING DIRECTOR.
9. GULBURGA ELECTRIC SUPPLY COMPANY
LIMITED (GESCOM),
CORPORATE OFFICE, MAIN ROAD, GULBURGA
(KALBURGI)-585002.
REP. BY ITS MANAGING DIRECTOR.
...RESPONDENTS
(BY MALLIKARJUN SAHUKAR, AGA FOR R2 AND R3;
SRI S.S. NAGANAND SENIOR COUNSEL FOR
SRI RAVINDRA REDDY, ADVOCATE FOR R4;
SRI GANESH S. KALBURGI, ADVOCATE FOR R8)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
A) ISSUE A WRIT OF CERTIORARI TO QUASH THE
IMPUGNED NOTIFICATION DATED 14-10-2024 BEARING
NO. KPTCL/B16/44953/2023-24 AS AT ANNEXURE-S
DEPRIVING THE PETITIONERS OF AN OPPORTUNITY TO
SEEK FOR RECRUITMENT BASED ON THE QUALIFICATION
OF ITI 01 YEAR APPRENTICESHIP FROM THE TRAINING
INSTITUTE OF KEB/KPTCL, AS ILLEGAL, ARBITRARY IN
VIOLATION OF THE DIRECTIONS ISSUED IN WRIT
PETITION NO. 806529-658/2012 AND WA NO. 3074-
3083/2012. B) ISSUE A WRIT OF CERTIORARI TO QUASH
THE IMPUGNED COMMUNICATION DATED 18-10-2023
ISSUED BY THE 4TH RESPONDENT AUTHORITY BEARING
NO. KPTCL/MD/HIAAKA/B-16/39418/201314 (II) 121 AS
AT ANNEXURE-R IS CONTRARY TO THE ASSURANCE GIVEN
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ON 30-04-2020 AND THE DECISION OF 124TH BOARD
MEETING C) ISSUE A WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NO.4 TO COMPLY THE ASSURANCE GIVEN TO
THE PETITIONERS VIDE COMMUNICATION DATED 30-04-
2020 AS AT ANNEXURE-L SERIES BY CONSIDERING THE
CANDIDATURE OF THE PETITIONERS IN THE PENDING
RECRUITMENT NOTIFICATION DATED 14-10-2024 AS AT
ANNEXURE-S, WITHIN SUCH STIPULATED TIME AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE. D) PASS SUCH OTHER ORDER/S AS THIS
HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF
THE CASE.
BETWEEN:
1. PRASANNA S/O PRALHADRAO DESHPANDE,
AGE: 40 YEARS, OCC: PRIVATE WORK,
R/O H.NO.11-421/31A
VENKATACHALA SAMATA COLONY,
KALABURAGI - 585103.
2. GANGADHAR
S/O KRISHNARAO CHITAKAMPALLI,
AGE: 39 YEARS, OCC: PRIVATE WORK,
R/O PLOT NO.81, NETAJI NAGAR, NAVANI LAYOUT,
NEAR SAI MANDIR, OLD JEWARGI ROAD,
KALABURAGI- 585102.
3. SIDDRAMESH S/O NILAKANTHAPPA,
AGE: 42 YEARS, OCC: PRIVATE WORK
R/O SHANTA NAGAR, JEWARGI
TQ.JEWARGI, DIST.KALABURAGI - 585104.
4. BASAVARAJ S/O SHIVASHARANAPPA HOSAMANI,
AGE: 42 YEARS,
OCC: PRIVATE WORK
R/O SRI. SHARAN MANIK PRABHU COLONY,
UDNOOR ROAD,
KALABURAGI - 585102.
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HC-KAR
5. SRI JANADARDHAN S/O NEELKANTHRAO SANTAL,
AGE: 41 YEARS, OCC: PRIVATE WORK,
R/AT. PENCHANAPALLY,
POST SULEPTH-585324,
TQ.CHINCHOLLI,
KALABURAGI - 585102.
...PETITIONERS
(BY SRI V.K. NAYAK, ADVOCATE)
AND:
1. PRINCIPAL SECRETARY,
DEPARTMENT OF ENERGY,
VIKAS SOUDHA, AMBEDKAR VEEDI,
BENGALURU - 560001.
2. GOVERNMENT OF KARNATAKA,
DEPARTMENT OF LABOUR AND EMPLOYMENT,
DIRECTORATE OF EMPLOYMENT AND TRAINING
OFFICER OF THE COMMISSIONER KAUSHALAYA
BHAVAN, BANNERGHATTA ROAD,
NEAR DIARY CIRCLE, HOUSUR ROAD,
BENAGALURU- 560 029.
3. MANAGING DIRECTOR,
KARNATAKA POWER TRANSMISSION
CORPORATION LIMITED, KAVERI BHAVAN,
K.G. ROAD, BENGALURU.
4. BANGALORE ELECTRICITY SUPPLY,
COMPA CHANDUMDESHWARI ELECTRIC SUPPLY
COMPANY LIMITED (CESCOM), CORPORATE OFFICEE
NO. 927, L.G AVENUE COMMERICIAL COMPLEX,
NEW KANTHARAJ ROAD, SARASWATHIPURAM,
MYSORE- 570 009,
REP BY ITS MANAGING DIRECTOR.
5. MANGALORE ELECTRIC SUPPLY COMPANY
LIMITED (MESOCM) CORPORATE OFFICER, PARADIGM
PLAZAA A B SHEETTY CIRCLE,
MANGALORE- 575 001.
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HC-KAR
6. CHAMUNDESHWARI ELECTRIC SUPPLY
COMPANY LIMITED (CESOM) CORPORATE OFFICE,
NO. 927, L.G. AVENUE COMMERCIAL COMPLEX,
NEW KANTHRAJ ROAD, SARASWATHIPURAM,
MYSORE- 57 0009,
REP BY ITS MANAGING DIRECTOR.
7. HUBLI ELECTRIC SUPPLY COMPANY LIMITED
(HESCOM) CORPORATE OFFICE, NAVANAGAR,
P.B. ROAD, HUBBALI 580025,
REP BY ITS MANAGING DIRECTOR.
8. GULBARGA ELECTRICITY SUPPLY COMPANY
LIMITED (GESCOM) CORPORATE OFFICE, MAIN ROAD,
GULBARGA (KALABURGI)- 585 102,
REP BY ITS MANAGING DIRECTOR.
9. THE DIRECTOR (ADMIN AND H.R),
KARNATAKA POWER TRANSMISSION CORPORATION
LIMITED, KAVERI BHAVAN, K.G ROAD,
BENGALURU-560001.
...RESPONDENTS
(BY MALLIKARJUN SAHUKAR, AGA FOR R1 AND R2;
SRI S.S. NAGANAND SENIOR COUNSEL FOR
SRI RAVINDRA REDDY, ADVOCATE FOR R3 TO R5;
SRI GANESH S. KALBURGI, ADVOCATE FOR R6 AND R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,
1) ISSUE A WRIT OF CERTIORARI TO QUASH THE
IMPUGNED NOTIFICATION 14.10.2024 BEARING
NO.KPTCL/B16/44953/2023-24 AT ANNEXURE-R PASSED
BY R3 DEPRIVING THE PETITIONERS OF AN OPPORTUNITY
TO SEEK FOR RECRUITMENT BASED ON THE
QUALIFICATION OF ITI + 01 YEAR APPRENTICESHIP FROM
HE TRAINING INSTITURE OF KEB/KPTCL, AS ILLEGAL,
ARBITRARY AND IN VIOLATION OF THE DIRECTIONS
ISSUED IN WRIT PETITION NO.80629-68/2012 AND
W.A.3074-3083/2012. 2) ISSUE A WRIT OF CERTIORARI
TO QUASH THE IMPUGNED COMMUNICATION DATED
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18.10.2023 ISSUED BY THE 3RD RESPONDENT BEAING
NO.KPTCL/MD/HIAAKA/B-16/39418/2013-14 (II) 121 AS
AT ANNEXURE- N IS CONTRARY TO THE ASSURANCE
GIVEN ON 30.04.2020 AND THE DECISION OF 124TH
BOARD MEETING. 3) ISSUE A WRIT OF MANDAMUS
DIRECTING THE REPSONDENT NO.3 TO COMPLY THE
ASSURANCE GIVEN TO THE PETITIONERS VIDE
COMMUNICATION DATED 30.04.2020 AT ANNEXURE-K
SERIES BY CONSIDERING THE CANDIDATURE OF THE
PETITIONERS IN THE PENDING RECRUITMENT
NOTIFICATION DATED 14.10.2024 WITHIN SUCH
STIPULATED TIME AS THIS HON'BLE COURT DEEMS FIT IN
THE CIRCUMSTANCES OF THE CASE. 4) PASS SUCH OTHER
ORDER/S AS THIS HON'BLE COURT DEEMS FIT IN THE
CIRCUMSTANCES OF THE CASE.
THESE PETITIONS HAVING BEEN HEARD AND RESERVED
FOR ORDERS ON 05.11.2025, COMING ON FOR PRONOUNCEMENT
OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE M.G.S.KAMAL
CAV ORDER
Petitioners in these writ petitions are seeking
following common reliefs:
In W.P.No.200882/2025 :
(a) Issue a Writ of Certiorari to quash the impugned Notification
dated 14.10.2024 bearing No.KPTCL/B16/44953/2023-24 (NKK)
PASSED BY 3rd respondent as at Annexure-R depriving the
Petitioners of an opportunity to seek for recruitment based on
the qualification of ITI + 01 year apprenticeship from the
training institute of KEB/KPTCL, as illegal, arbitrary and in
violation of the directions issued in Writ Petition Nos.80629-
658/2012 and W.A.Nos.3074-3083/2012.
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HC-KAR
(b) Issue a Writ of Certiorari to quash the impugned communication
dated 18.10.2023 issued by the 3rd Respondent authority
No.KPTCL/MD/HIAAKA/B-16/39418/2013-14 bearing (II) 121 as
at Annexure-O is contrary to the assurance given on 30.04.2020
and the decision of 124th Board Meeting, in the interest of
justice.
(c) Issue a Writ of Mandamus directing Respondents No.3 to comply
the assurance given to the Petitioners vide communication dated
30.04.2020 as at Annexure-K series by considering the
candidature of the Petitioners in the pending recruitment
Notification dated 14.10.2024 as at Annexure-R, within such
stipulated time as this Hon'ble Court deems fit in the
circumstances of the case.
(d) Pass such other order/s as this Hon'ble Court deems fit in the
circumstances of the case, in the interest of justice and equity.
W.P.No.201959/2025 :
(a) Issue a Writ of Certiorari to quash the impugned Notification
dated 14.10.2024 bearing No.KPTCL/B16/44953/2023-24 as at
Annexure-S depriving the Petitioners of an opportunity to seek
for recruitment based on the qualification of ITI + 01 year
apprenticeship from the training institute of KEB/KPTCL, as
illegal, arbitrary and in violation of the directions issued in Writ
Petition Nos.80629-658/2012 and W.A.Nos.3074-3083/2012.
(b) Issue a Writ of Certiorari to quash the impugned communication
dated 18.10.2023 issued by the 4th Respondent authority
No.KPTCL/MD/HIAAKA/B-16/39418/2013-14 bearing (II) 121 as
at Annexure-R is contrary to the assurance given on 30.04.2020
and the decision of 124th Board Meeting, in the interest of
justice.
(c) Issue a Writ of Mandamus directing Respondents No.4 to comply
the assurance given to the Petitioners vide communication dated
30.04.2020 as at Annexure-L series by considering the
candidature of the Petitioners in the pending recruitment
Notification dated 14.10.2024 as at Annexure-S, within such
stipulated time as this Hon'ble Court deems fit in the
circumstances of the case.
(d) Pass such other order/s as this Hon'ble Court deems fit in the
circumstances of the case, in the interest of justice and equity.
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In W.P.No.202136/2025 :
a) Issue a Writ of Certiorari to quash the impugned Notification
No.14.10.2024 bearing No.KPTCL/B16/44953/2023-24 at
Annexure-R passed by respondent No.3 depriving the petitioners
of an opportunity to seek for recruitment based on the
qualification of ITI+01 year apprenticeship from the training
institute of KEB/KPTCL, as illegal, arbitrary and in violation of the
directions issued in Writ Petition No.80629-658/2012 and W.A.
No.3074-3083/2012.
b) Issue a Writ of Certiorari to quash the impugned respondent
communication date 18.10.2023 issued by the 3rd respondent
bearing No. KPTCL/MD/HIAAKA/B-16/39418/2013-14 (II) 121 as
at Annexure-N is contrary to the assurance given on 30.04.2020
and the decision of 124th Board Meeting, in the interest of justice.
c) Issue a Writ of Mandamus directing the respondent No.3 to
comply the assurance given to the petitioners vide
communication dated 30.04.2020 at Annexure-K series by
considering the candidature of the petitioners in the pending
recruitment Notification dated 14.10.2024 within such stipulated
time as this Hon'ble Court deems fit in the circumstances of the
case.
d) Pass such other order/s as this Hon'ble Court deems fit in the
circumstances of the case, in the interest of justice and equity.
2. Case of the petitioners is that they have
completed their ITI course with ITC along with one year
Apprenticeship Certificate under the Apprenticeship Act,
1961 issued by Karnataka Power Transmission Corporation
[KPTCL] and all its five divisions of Electricity Supply
Companies [ESCOMS]. That the first respondent-authority
vide order dated 20.07.2005 had decided to provide
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training through the Training Centers to trained
Apprenticeships as well as graduate Engineers, Diploma
holders to fulfill statutory requirement as per
Apprenticeship Act, 1961, thereby introduced two years
course in ITI 'Electrician' with effect from 01.10.2005 and
directed all its ESCOMS to provide training and also to
provide specific quota in recruitment process. Accordingly,
issued an Addendum dated 25.08.2005.
3. That as per the prevailing Cadre and Recruitment
Rules for promotion and regulation of employees under
KPTCL, dated 25.04.2005, for the post of Assistant
Lineman by direct recruitment, following method of
recruitment was provided:
(a) 50% of the sanctioned posts by direct
recruitment of ITI qualified candidates;
(b) 30% of the sanctioned posts by direct
recruitment of candidates possessing a pass
certificate of three years 'Lineman
Trade'/'Electrician Trade' imparted by Industrial
Training Institute of KEB/KPTCL;
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(c) 20% of the sanctioned posts by promotion from
the cadre of Junior Lineman on the basis of
seniority-cum-merits.
4. The aforesaid notification also provided minimum
qualification criteria. The said method of recruitment was
modified from time to time. That by a notification dated
30.12.2013, qualification required for the post of Assistant
Lineman was amended fixing minimum qualification.
5. Since the petitioners who had completed their
apprenticeship had no opportunity of appointment as there
was no regulation providing any scope for appointment to
the post of Assistant Lineman, petitioners had approached
this Court by filing writ petition in W.P.No.1249/2012
connected with other matters. This Court allowed the said
writ petitions declaring ITC certificate holder from the
respondent-institute would be eligible to apply for the post
of Assistant Lineman as per notification dated 12.12.2011
and consequently, directed the respondents to issue
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Corrigendum inviting applications from both male and
female candidates possessing ITC and ITI course to the
post of Assistant Lineman within two weeks from the date
of the Corrigendum.
6. As against the said order, KPTCL preferred writ
appeal in W.A.Nos.3074-3083/2012 in which a memo
dated 08.11.2013 came to be filed undertaking to consider
the case of the petitioners. Recording the statement made
in the said memo dated 08.11.2013, the Division Bench
disposed off the writ appeals setting aside the Direction
Nos.(v) to (vii) issued in the order passed in the
W.P.No.1249/2012 and connected matters. However,
confirmed the Direction Nos.(ii) to (iv). It also directed to
provide age relaxation from 12.11.2011 to the petitioners
as and when employment notification was issued for filling
up of the post of Assistant Lineman in the light of memo
filed by the respondent-Corporation and further directed
the Corporation to refund the amount collected towards
filling-up of the post as per notification dated 12.12.2011.
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7. That in spite of the direction issued by this Court,
respondent-KPTCL has not considered the claim of
candidates having completed apprenticeship based on 10th
standard with three years of training but have also failed
to consider the claim of the petitioners, who have
completed Apprenticeship of one year program after ITI
and have proceeded to change the nomenclature of the
post from the 'Assistant Lineman' to 'Junior Lineman' and
'Junior Station Attendant', prescribing the minimum
qualification for the post of Junior Station Attendant as
10th standard vide notification dated 31.12.2014. That in
view of non-consideration of the grievance of the
petitioners, they were once again constrained to approach
this Court by filing writ petition in W.P.No.30034/2015 c/w
W.P.No.17274/2014 challenging the regulation dated
13.12.2013. After consideration of earlier order and the
notification issued by the respondents providing for
consideration of claim of the candidates having
apprenticeship of three years after 10th standard, the said
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writ petitions were allowed directing the petitioners to file
representation before respondent Nos.1 to 3 with further
direction to respondent Nos.1 to 3 to consider the same in
accordance with the decision rendered by Apex Court in
U.P.State Road Transport Corporation and another
vs. U.P.Parivahan Nigam Shishukhs Berozgar Sangh
and others - (1995) 2 SCC 1 within eight weeks from
the date of receipt of the representations.
8. Pursuant to the direction, respondent No.3
issued endorsement dated 30.04.2020 assuring the
petitioners that their candidature will be considered based
on ITI with one year Apprenticeship under 50% quota in
the event of recruitment to the post of Assistant Lineman
after securing due approval from the Finance Department.
That in view of the assurance given by respondent No.3,
the matter was placed before 124th Board of Directors
Meeting of KPTCL held on 09.04.2021, whereby it was
resolved to recruit Apprenticeship trained candidates of
KPTCL Training Centers only to the post of Junior
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Powerman and Junior Station Attendant in KPTCL under
direct recruitment quota by extending the age relaxation
in terms of Board order dated 13.03.1997 as one time
measure and authorized Managing Director, KPTCL to seek
necessary approval from the Government for recruitment
to the said posts in KPTCL.
9. Based on the decision taken in the said Board
meeting, respondent No.3 was pleased to propose creating
110 posts and sought for financial assistance for direct
recruitment as one time measure to recruit 86 Junior
Station Attendants and 24 Junior Powerman. However, the
matter was kept pending and postponed during 137th
Board Meeting held on 27.12.2022. Respondent No.3
instead of complying with the direction issued by the
earlier proceedings referring to the Cadre and Recruitment
Rules, amended the same by removing the post of
Assistant Lineman thereby replacing the post of Junior
Station Attendant/Junior Powerman with the eligibility
criteria of 10th standard with three years of Apprenticeship
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on the premise that in view of the decision taken in 137th
Board meeting there was no scope for filling up the post of
Junior Station Attendant and Junior Power Man only
through the candidates having Apprenticeship training.
10. Based on the communication received and the
orders passed in W.P.No.204798-802/2015, wherein this
Court had directed respondents to appoint the petitioners
as Junior Station Attendants and regularize their services
in existing vacancies or create equal number of posts to
accommodate the petitioners therein within four months,
respondent-Corporation preferred W.A.No.200020/2020
challenging the order passed in W.P.Nos.204798-
802/2015. The positive direction issued in the writ petition
was set aside. However, it was observed, if the
Corporation has taken decision to appoint apprenticeship
candidates, the Corporation may go ahead and make
appointment accordingly and proceed to dispose of the
writ appeal vide order dated 19.12.2024.
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11. That inspite of specific assurance given by
respondent No.3-authority, a notification dated
14.10.2024 has been issued calling for 433 posts for
Junior Station Attendants and 2542 posts for Junior
Powerman including 86 backlog posts. Once again the
eligibility criteria for applying to the post is only to the
candidates based on 10th standard without considering the
long pending claim of the petitioners, who had completed
ITI with one year apprenticeship program.
12. Petitioners accordingly made a detailed
representation dated 16.10.2024 referring to the earlier
orders and sought to reconsider the matter afresh thereby
permitting them to file their application under the
notification. In spite of the requests made by the
petitioners, respondent-authorities relying upon the
decision in the W.A.No.200020/2020 dated 19.12.2024
deprived the claim of the petitioners though they were not
party to the said proceedings and overturned the specific
assurance given on 30.04.2020. Being aggrieved, the
petitioners are before this Court seeking above reliefs.
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13. Statement of objections has been filed by the
respondent No.3 to the above writ petitions contending
inter alia that-
13.1. Respondent No.3 issued recruitment notification on
14.10.2024 for filling-up of posts of "Junior Station
Attendants" and "Junior Powerman". Total posts
called for were 2975 in all categories to be filled in
KPTCL and all ESCOMS. The post of Junior Station
Attendant and Junior Powerman to be filled in KPTCL
are 380 and 75 respectively under all categories and
further backlog post of 31 and 6 were also called for.
The last date for filing of the application was dated
20.11.2024. Out of the said recruitment notification,
large number of applications have been received by
respondent No.3/KPTCL.
13.2. The petitioners have not even submitted their
applications seeking for recruitment to the said
notified post of Junior Station Attendant and Junior
Powerman. As such, the petitioners who have filed
the present petitions belatedly have no locus to seek
any remedy.
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13.3. That the notification prescribes minimum
qualification to the post of Junior Station Attendant
for direct recruitment, similarly minimum
qualification is also prescribed for Junior Lineman.
The minimum qualification for the post of Assistant
Lineman has also been prescribed as per recruitment
regulations. The recruitment regulation for the post
of Junior Station Attendant and Junior Powerman has
not been challenged by the petitioners. As such, the
petitions are not maintainable.
13.4. As per the earlier recruitment regulation, 30% post
of Assistant Lineman were reserved for candidates
possessing pass certificate of 3 years "Lineman
Trade/Electrician Trade" imparted by the Industrial
Training Institutes of KEB/KPTCL. The said regulation
was amended by excluding said reservation which
was challenged in writ petition in W.P.No.1249/2012.
That by order dated 29.02.2012 said writ petition
was allowed restoring the previous existing
regulations.
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13.5. Thus, regarding ITI candidates there is already
preference being given by reserving 40% of posts
and it is clear from KEB Order dated 13.03.1997
wherein preference was provided in direct
recruitment to those apprentice trained candidates in
KEB in the matter of, "other things being equal, a
trained apprentice should be given preference". The
said reservation was applicable only for the post of
"Assistant Lineman" and the same cannot be
compared and made applicable to the present
notification which is called for the selection of post of
"Junior Station Attendant" and "Junior Powerman"
whose education qualification being SSLC is the
criteria. As such, the contention raised by the
petitioners in the above writ petitions seeking
preference to be given to the apprenticed trainee to
the post of "Junior Station Attendant" and "Junior
Powerman" is incorrect and not applicable to the
posts notified vide Annexure-R.
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13.6. As per the notification dated 14.10.2024,
applications for the post of "Junior Station Attendant"
is called for recruitment by way of selection and as
per KEB recruitment and promotion regulations, the
education qualification is prescribed as "pass in SSLC
or 10th standard examination conducted by the
Government of Karnataka Institutions". That the
selection to these posts will be made based on the
mark obtained in 10th/SSLC qualification and
qualifying endurance test, which is conducted to the
eligible candidates in the ratio of 1:5. The petitioners
have not participated in the recruitment process. As
such, they have no right to challenge the recruitment
notification or process of selection as per Annexure-
R.
13.7. The issue regarding giving preference to apprentice
to the post of "Assistant Lineman" has been
considered by the Apex Court in the case of
U.P.State Road Transport Corporation (supra).
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Following the said judgment, this Court in
W.P.No.82, 511 and 512/1998, 356 to 359/1998,
360 to 363/1998 and 1374/1998, at para-5 has held
that "the assumption of petitioners of they being
entitled for absorption without going through the
selection process is incorrect. That the decision of the
Supreme Court contemplates, that the
apprenticeship trainees shall also apply for the post
and undergo selection process. Having regard to the
fact that the Board has already implemented the
directions of the Supreme Court by issuing an order
dated 13.03.1997 and the submission on behalf of
the Board that it will consider the case of petitioners
as per the said principles, as and when they apply for
the appointment against any notification inviting
application for filling-up posts, these petitions do not
survive for consideration".
13.8. That the Full Bench of High Court of Allahabad in the
case of Arvind Gautam vs. State of U.P. and
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Others reported in 1999 (3) AWC 2093 has held
that "the expression 'other things being equal' in
paragraph 12 and absence of exemption from
competitive test in the said paragraph leads to the
conclusion that all persons (including the apprentice)
have to appear in the competitive test, as we would
prescribe in respect of particular selection and if after
the competitive test, any apprentice trainee gets
equal marks than a non-apprentice candidate, then
only preference to be given to the said apprentice
trainee.".
13.9. That the said judgment of the Full Bench has been
upheld by the Apex Court in the case of U.P.Rajya
Vidyut Parishad Apprentice Welfare Association
and another vs. State of U.P and others reported
in AIR 2000 SC 2621.
14. Thus referring to the above judgments, it is
contented that the claim of the petitioners of they having
completed one year apprentice in "electrician" with
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KPTCL/GESCOM and having completed two years ITI from
the vocational training center cannot be equated to three
years "Lineman trade"/"Electrician trade" imparted by
Industrial Training Institute of KEB/KPTCL. Hence, sought
for dismissal of petitions.
15. Sri. Ravi B. Patil, learned counsel appearing for
petitioners reiterating the averments made in the writ
petitions and also taking this Court through the records,
submitted that the impugned notification issued by
respondent No.3 prescribing eligible criteria for the post of
"Junior Station Attendants" and "Junior Powerman" with
educational qualification of 10th standard is without
considering the candidature of petitioners who have
completed ITI with one year apprenticeship training
program conducted by respondent-Corporation with a
specific condition that except the eligibility criteria fixed
under the notification, no other equivalent qualification
could be considered for the post called for. This is contrary
to the specific assurance given in terms of communication
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dated 30.04.2020 wherein it was assured that the case of
the petitioners whenever the recruitment notifications
were called for would be considered. The said assurance
was given in compliance to the order passed in
W.P.No.80629-658/2012 and the direction issued in
W.P.No.30034/2015 c/w W.P.No.17274/2014 and
W.A.No.3074-3083/2012. That the order passed in the
said proceedings has attained finality. As such, the
impugned notification calling for the post depriving the
petitioners of an opportunity to file application though they
are sought to be considered whenever such
recruitments/vacancies required to be filled as per the
decision in 124th Board Meeting. That the notification
issued without considering the long pending claim of the
petitioners amounts to depriving them of an opportunity of
filing application to the vacant post, contrary to the
assurance and the orders passed by this Court.
16. That the recruitment notification issued vide
communication dated 30.04.2020 sought to rely upon the
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decision rendered in W.A.No.200020/2020 to which
petitioners were not parties. As such, the communication
issued by respondent No.3 refusing to consider the
apprenticeship of one year training after ITI by relying
upon the Cadre And Recruitment Rules applicable to the
Junior Station Attendants and Junior Powerman vide
communication dated 18.10.2023 is illegal and cannot be
sustained. That the Cadre And Recruitment Rules were
amended on 03.12.2013 and 31.12.2014 as per
Annexures-D and H, incorporating eligibility criteria for the
post of "Assistant Lineman", by considering the
candidature of 10+3 years of apprenticeship training
provided by the Industrial Training Institute of KEB/KPTCL,
however the said Cadre And Recruitment Rules were
modified by changing the post of "Assistant Lineman" to
"Junior Station Attendant/Junior Powerman" with eligibility
of 10th standard without providing any scope for the
candidates having completed their one year apprenticeship
based on ITI. Therefore, the entire procedure adopted by
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the respondent No.3-authority is only to deprive the
legitimate expectation of the petitioners, who are only
about 86 candidates directed to be considered by relaxing
their age criteria in the earlier orders passed in
W.P.Nos.80629-658/2012 and W.A.Nos.3074-3083/2012,
even after a lapse of 12 years from the date of decision.
Therefore, respondent No.3-authority requires to be
regulated by an order of this Court by issuing directions.
Hence, seeks for allowing of the petitions.
17. Per contra, learned Senior Counsel appearing
for the respondents, referring to the judgments of the
Apex Court produced along with the memo of citations,
submits that the very notification impugned in the present
petitions is calling for the posts of "Junior Station
Attendant" and (Junior Powerman) and not for the post of
"Assistant Lineman".
18. That petitioners not having participated in the
recruitment process in filing an applications are not
entitled to question the same. As regards the reliance
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placed on the order passed in W.P.No.1249/2012 and the
order passed in W.A.No.3074-3083/2012 which is relied
upon by the petitioners, it is submitted that the same
pertains to the previous regulations wherein the difference
was to provided in the direct recruitment to those
apprentice trained candidates in KEB on the principles of
"other things being equal", a trained apprentice should be
given preference. The said preference/reservation was
only to the post of Assistant Lineman and not to the post
of Junior Station Attendant and Junior Powerman having
different prescribed eligibility criteria. The petitioners could
be entitled to claim such benefit only if they have
participated in the recruitment process and were found to
be equal in other aspects with the candidates aspiring for
the said posts. Since the petitioners have not even made
applications the question of applications of said principles
would not arise. Hence, seeks for dismissal of the
petitions.
19. Heard. Perused the records.
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20. Petitioners are essentially aggrieved by
issuance of recruitment notification dated 14.10.2024
produced at Annexure-R issued by respondent - KPTCL
calling for the post of 'Junior Station Attendant' and 'Junior
Powerman'. The qualification prescribed for the said posts
is as under:-.
JUNIOR STATION ATTENDANT, DIRECT RECRUITMENT
MINIMUM QUALIFICATION IS :
i. Should have passed SSLC or 10th standard examination
from State of Karnataka.
ii. Should have the knowledge to read and write in
Kannada.
iii. Should have normal eyesight.
iv. Should have satisfactory physical fitness and mental
ability.
JUNIOR LINEMAN BY DIRECT RECRUITMENT, MINIMUM
QUALIFICATION IS :
i. Should have passed SSLC or 10th standard examination
from the State of Karnataka.
ii. Should have put in minimum 05 years of satisfactory
service as probationary mazdor.
iii. Should have knowledge of Kannada to read and write.
iv. Should have normal eyesight.
v. Should have satisfactory physical fitness and mental
ability.
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vi. Should be on probation for 01 year.
21. The petitioners on the other hand claim that
they are holding the qualification of ITI with ITC along with
01 year apprenticeship certificate under the Apprenticeship
Act, 1961 issued by KPTCL and all 05 Divisions of
ESCOMS. There is no dispute of the fact that to the post of
'Assistant Lineman', recruitment regulations prescribed
following qualification and method of recruitment :
ASSISTANT LINEMAN METHOD OF RECRUITMENT :
A. 50% of the sanctioned post by direct recruitment of ITI
qualified candidates.
Minimum qualification;
Should have a pass certificate of 18/24 months course in
'Electrician'/'Electronics'/'Electronic Mechanic Trade' from the
Industrial Training Institute recognized by Government of
Karnataka.
B. 30% of sanctioned post by direct recruitment of candidates
possessing a pass certificate of 03 year 'Lineman Trade' /
'Electrician Trade' imparted by the Industrial Trading Institute
KEB / KPTCL.
Minimum qualification :
Should have a pass 10th standard examination and should
have a pass certificate of three years "Lineman
trade"/Electrician Trade" imparted by the Industrial Training
Institute of KEB.
C. 20% of the sanctioned post by promotion from the cadres of
Junior Lineman on the basis of seniority-cum-merit.
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22. Though, it is the case of the petitioners that the
amendment to the regulation excluding reservation of
30% posts of 'Assistant Lineman' / 'Electrician Trade' was
subject matter of challenge in the Writ Petition
No.1249/2012, which was allowed restoring the existing
regulations, the same cannot be extended to the present
notification dated 14.10.2024 as per Annexure-R which is
to the posts of 'Junior Station Attendant' and 'Junior
Powerman'.
23. The post of 'Junior Station Attendant' and
'Junior Powerman' with the minimum qualification of SSLC
as noted above, cannot be equated to the post of
'Assistant Lineman', requiring pass certificate of 3 years in
a 'Lineman Trade'/'Electrician Trade' imparted by
Industrial Trading Institute of KEB/KPTCL. The post of
'Assistant Lineman' being different and distinct from that
of the posts of 'Junior Station Attendant' and 'Junior
Powerman' cannot be compared.
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24. Necessary to note that the petitioners are
claiming that they ought to be given preference in the
recruitment process based on the order passed in
W.P.No.1249/2012 dated 29.02.2012 and the direction
issued in the W.P.80629-658/2012 and in Writ Appeal
No.3074-3083/2012 as well as on the purported assurance
given on 30.04.2020 by the respondent No.3 in a decision
of 124th Board meeting.
25. In the order dated 29.02.2012 passed in
W.P.No.1249/2012 connected with W.P.No.2843-45/2012
and W.P.No.1250-55/2012, the Coordinate Bench of this
Court quashing the amendment to the regulations had
allowed the writ petitions in the following manner :-
"I) Writ petitions are hereby allowed.
II) The impugned amended regulations as per
Annexure-L dated 17.08.2010 is hereby quashed.
The Regulations as it stood prior to the date of
amendment is restored.
III) It is declared that the ITC certificate holders from
the respondent Institute are eligible to apply for
the post of Assistant Lineman as per the
notification dated 12.12.2011, Annexure-M.
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IV) It is declared that female candidates possessing
ITC and ITI pass certificates are also eligible to
apply for the post of Assistant Lineman as per
notification dated 12.12.2011, Annexure-M.
V) The respondents shall issue a Corrigendum to
Annexure-M dated 12.12.2011 on or before eight
days from today, inviting applications both from
male and female candidates possessing ITC and
ITI pass certificates to the post of Assistant
Lineman fixing the last date for receiving
applications within two weeks from the date of
corrigendum.
VI) The candidates who have already applied to the
post of Assistant Lineman need not apply again.
VII) On receipt of the applications as stated above the
respondent shall consider all the applications in
accordance with the Regulations and Law and
complete the process of selection.
Ordered accordingly."
26. The aforesaid order was reiterated in the order
dated 03.04.2012 passed in W.P.Nos.80629-80658/2012.
However, during the pendency of the W.A.No.3074-
3083/2012, based on the memo dated 08.11.2013 as well
as memo dated 26.11.2013 which is extracted at
paragraph Nos.10 and 11 of the said order, the Division
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Bench of this Court, disposed writ appeal by issuing the
following directions:-
"I] The impugned common order passed by the
learned Single Judge dated 29th February 2012,
in W.P.No.1249/2012 c/w.W.P.Nos.2843-45/2012
and W.P.Nos.1250-55/2012 (S-RES) is hereby set
aside only in so far as it relates to direction Nos.
(V) to (VII);
II] Direction Nos. (II) to (IV) issued by the learned
Single Judge are retained and hereby confirmed;
III] In addition to the said directions, the
appellant/Corporation is further directed to
provide age relaxation from 12-12-2011 to these
respondents as and when employment
Notification is issued for filling up the post of
Assistant Lineman, in the light of the memos filed
by the Appellant/Corporation;
IV] Further, the appellant/Corporation is directed to
refund the amount collected towards filling up of
the said posts as per the Notification dated 12-12-
2011, expeditiously, if the respondents have paid
the prescribed fee;
V] It is made clear that the aforesaid direction No.
(III) issued in these appeals shall not be made
precedent to other cases."
27. In furtherance to the aforesaid orders passed
by this Court, the respondent - KPTCL had issued an
endorsement dated 30.04.2020 as per Annexure-K
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wherein at page 4 of the endorsement the following
undertaking / assurance was given:-
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28. Thus, the petitioners are claiming their right
based on the above orders and purported assurances.
Reading of the aforesaid orders passed by this Court and
the endorsement / assurance dated 30.04.2020 would
indicate that preference was to be provided in direct
recruitment to those apprentice trained candidates in KEB
while recruiting to the post of 'Assistant Lineman' on the
principles of 'other things being equal'.
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29. As already noted above, since the recruitment
notification as per Annexure-R impugned in these petitions
is to the posts of 'Junior Powerman' and 'Junior Station
Attendant' with a different qualification prescribed, the
petitioners who possess completely different qualification
for the post of 'Assistant Lineman', cannot be considered
under the principles of 'other things being equal'.
30. As rightly pointed out by learned counsel for the
respondent, the expression of the term, 'other things
being equal' used in the judgment of the Apex Court in the
case of U.P. State Road Transport Corporation
(supra), which finds mentioned in the endorsement dated
30.04.2020 at Annexure-K to the writ petition, has been
explained and clarified by the Full Bench of the Allahabad
High Court in the case of Arvind Gautam (supra),
wherein at paragraph Nos.5 and 6 it has been held as
under:-
"5. A question has been raised as regards exemption of
apprentice trainee from competitive test for direct recruitment
as referred to in paragraph 13. The initial expression in
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paragraph 13 of the said judgment clearly indicates that the
said observations in paragraph 13 were in the specific factual
background of the "cases in hand" in the said proceeding.
Specific affidavits have been considered in the said
paragraphs. A perusal of the directives in paragraph 12 of the
said Judgment makes it clear that the only benefits
apprentices are held to be entitled to exemption from
recommendation by the employment exchange and relaxation
as regards age bar to the extent of the period of their
apprenticeship.
6. In our view, the expression "other things being
equal" in paragraph 12 and absence of exemption from
competitive test in the said paragraph, leads to the conclusion
that all persons (including the apprentices) have to appear in
the competitive test, as may be prescribed in respect of the
particular selection, and if after the competitive test, any
apprentice trainee gets equal marks than a non-apprentice
candidate, then only preference is to be given to the said
apprentice trainee."
31. The said Full Bench judgment of Arvind
Gautam's case (supra), has been upheld by the Apex
Court in the case of U.P.Rajya Vidyut Parishad
Apprentice Welfare Association (supra).
32. In other words, if the petitioners herein are
intending to avail the benefit of the concession/assurance
if any, they are required to comply with and participate in
the selection process. The petitioners have not even filed
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their applications seeking recruitment to the posts of
'Junior Station Attendant' and 'Junior Powerman' notified
in the impugned notification.
33. Apex Court in its judgment in the case of
Chairman/MD.Mahanandi Coalfields Ltd vs. Sadashib
Behera and others reported in (2005) 2 SCC 396 at
paragraph No.7 has held as under:
"7. These provisions show that apprentice is a person
who is undergoing a training in pursuance of a contract of
apprenticeship duly registered with the Apprenticeship Adviser
and the employer who is imparting training is under no
obligation to offer any employment to such a person. The
legislature has made the aforesaid position clear by making a
specific provision in this regard namely Section 22 of the Act
and sub-section (1) thereof lays down that it shall not be
obligatory on the part of the employer to offer any
employment to any apprentice who has completed the period
of his apprenticeship training. Sub-section (2) however
provides that notwithstanding anything in sub-section (1)
where there is a condition in a contract of apprenticeship that
an apprentice shall, after successful completion of
apprenticeship training, serve the employer, the employer
shall, on such completion, be bound to offer suitable
employment to the apprentice, and the apprentice shall be
bound to serve the employer in that capacity for such period
and on such remuneration as may be specified in the contract.
Thus the provisions of the Act and the Rules made thereunder
show that in absence of any condition in the contract which is
entered into between the employer and the apprentice at the
time of commencement of his apprenticeship training and
which is registered with the Apprenticeship Adviser to the
effect that the apprentice shall serve the employer, an
apprentice cannot claim any right to get an employment on
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successful completion of his training. It is not the case of
Respondent 1 that in the contract of apprenticeship there was
any condition that after completion of training he would serve
the employer and in absence of such a condition, the
employer namely the appellants are not bound to offer any
employment to them. In the absence of any legal right
inhering in the writ petitioner (Respondent 1 herein) no writ of
mandamus could be issued commanding the appellants to
give an appointment to him on the post of welder."
34. Even in the instant case there is no
contract/condition between the petitioners and
respondent/Corporation. However, the claim of the
petitioners as noted above is based on the orders of this
Court and the purported assurance given under
Annexure-K. At the cost of repetition it is to be noted that
in any event, petitioners cannot claim any preference, on
the ground of the orders passed in the aforesaid writ
petitions and writ appeals and the assurance given in
Annexure-K, inasmuch as those orders and the assurance
were pertaining to the posts of 'Assistant Lineman' with a
different qualification prescribed thereunder and not to the
post of 'Junior Station Attendant' and 'Junior Lineman',
which have different and distinct qualifications and
responsibilities.
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35. In that view of the matter, this Court is of the
considered view that the petitioners have not made out
any grounds for granting prayers as sought for.
Accordingly, the writ petitions are dismissed.
Sd/-
(M.G.S.KAMAL)
JUDGE
SN/SDU/KJJ
List No.: 1 Sl No.: 25
CT:PK
