Gaddapati Laxmaiah vs The Telangana State Southern ...
2021 Latest Caselaw 1997 Tel

Item No.44

     THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                        AND
     THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                          W.A.No.256 OF 2021

JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.    The present appeal has been filed challenging the order dated

13.10.2020 passed by the learned Single Judge dismissing

W.P.No.18018 of 2020 filed by the appellant/writ petitioner praying

inter alia for issuing directions to the respondent No.3 to re-conduct

pole climbing test for the post of Junior Line Man in terms of

Notification No.1/2019.

2. The appellant's grievance is that though the time intimated to

him vide letter dated 30.07.2020 for participating in the pole climbing

test was recorded as 01:00 PM on 04.09.2020, when he went to the

spot for participating in the test, he was called upon to climb the pole

two hours earlier at 11:00 AM. On participating, the appellant did not

clear the test. On the very next day, the appellant submitted a

representation to the respondents to re-consider his case and permit

him to undertake the same test again, which was turned down.

3. Aggrieved thereby, the appellant filed the writ petition, which

has been rejected by the learned Single Judge noting that nothing

would turn on the timing of the pole test and it is not relevant that it

was conducted at 11:00 AM and not at 01:00 PM, as mentioned in the

letter dated 30.07.2020. Simply because the test was conducted two

hours before the time communicated to the appellant, could not have

caused any disadvantage to him and nor could he have improved

himself by being made to undergo the pole climbing test at the

scheduled time. Noting that the appellant was attempting to get a

second opportunity to undergo the test which was not permissible in

terms of the notification, the writ petition was dismissed.

4. Mr. Prabhakar Chikkudu, learned counsel for the appellant

submits that the learned Single Judge ought to have considered that

the time mentioned in the pole climbing test was 01:00 PM and the

time for verification of certificates was 11:00 AM and when the

appellant entered the ground, he did not get enough time to prepare

himself for the pole climbing test. He further states that the learned

Single Judge failed to appreciate that the appellant had submitted a

representation to the respondent No.3 on the very next day seeking a

fresh consideration for the test, which was turned down without any

reasons.

5. We have gone through the impugned order and see no reason to

interfere therein. In our view too, nothing would turn on the timing of

the test when the date fixed had not been changed. Whether the test

would have been conducted at 01:00 PM or couple of hours before

that would be irrelevant, as the preparedness of the appellant was not

dependant on the timing of the test, but his physical ability for which

he had to hone his skills much before.

6. We do not find any merit in the present appeal, which is

dismissed in limine along with the pending applications, if any.

_________________ HIMA KOHLI, CJ

______________________ B.VIJAYSEN REDDY, J

05.07.2021 Lrkm/pln