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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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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C/W WP No. 201959 of 2025
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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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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. -7-
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 WP NO. 201959/2025 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 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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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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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.
IN WP NO. 202136/2025 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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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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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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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(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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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 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR wherein at page 4 of the endorsement the following undertaking / assurance was given:-
"DzÁUÀÆå, ªÀÄÄAzÉ ¸ÀºÁAiÀÄPÀ ªÀiÁUÀðzÁ¼ÀÄ ºÀÄzÉU Ý ¼ À À £ÉêÀÄPÁw ¥ÀQ æ Aæ iÉÄAiÀÄ£ÀÄß PÉÊUÉƼÀĪ î À ¸ÀªÄÀ AiÀÄzÀ°,è gÁdåzÀ ºÀtPÁ¸ÀÄ E¯ÁSÉUÀÉ £ÉêÀÄPÁwUÀÉ ¥À¸ æ ÁÛª£À AÉ iÀÄ£ÀÄß ¸À°¹ è , C£ÀĪÉÆÃzÀ£É zÉÆgÀÉvÀ £ÀAvÀg,À GvÀg Û À ¥Àz æ ÃÉ ±À gÀ¸ÀÛÉ ¸ÁjUÀÉ ¸ÀA¸ÉAÜ iÀÄ ¥ÀP æ g À tÀ PÀÉÌ ¸ÀA§A¢ü¹zÀAvÉ ªÀiÁ£Àå ¸ÀªÇÉ ÃðZÀÑ £ÁåAiÀiÁ®AiÀĪÀÅ ¤ÃrgÀĪÀ DzÉñÀz£ À AéÀ iÀÄ ¥Àj²Ã°¹, ¸Àzj À «µÀAiÀĪÀ£ÀÄß PÀ«¥À¤ æ ¤ ªÀÄAqÀ½ ¤zÉÃð±ÀPg À ÄÀ UÀ¼À ¸À¨U ÉÀs ÉÀ ªÀÄAr¹, gÁdåzÀ CAVÃPÀÈvÀ PÉÃAzÀU æ ½ À AzÀ L.n.L. «zÁå¥ÀðvÉ ¥Àq¢ É gÀĪÀAvÀºÀ CºÀð C¨sÀåyðUÀ¼ÀÄ MAzÀÄ ªÀµÀðzÀ ²±ÀÄPÀÄë vÀg¨ À ÃÉ w ¥Àq¢ É zÀ° Ý ,è J¯Áè CºÀðvÉU¼ À ÀÄ ¸ÀªÀiÁ£ÀªÁVzÀ° Ý è ªÀiÁvÀæ EvÀgÉÀ µÀgv À ÄÀ U Û ½À UÉƼÀ¥l À ÄÖ ±ÉÃ.50 gÀ PÉÆÃmÁzÀrAiÀÄ°èAiÉÄà DzÀåvÉ ¤ÃqÀĪÀ §UÉÎ ªÀÄAqÀ½ ¸À¨AsÀÉ iÀÄ ¤tðAiÀÄzÀ£AÀé iÀÄ PÀª æ ÄÀ ªÀ»¸À¯ÁUÀĪÀÅzÀÄ JAzÀÄ F ªÀÄÆ®PÀ w½¸À¯ÁVzÉ."
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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR
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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR 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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NC: 2025:KHC-K:7910 WP No. 200882 of 2025 C/W WP No. 201959 of 2025 WP No. 202136 of 2025 HC-KAR
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