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Showing contexts for: CESE in Satish Kumar Kakkar vs The State Of Haryana And Ors on 7 August, 2020Matching Fragments
By this judgment, Civil Writ Petition No. 16367, 9122 and 18604 of 2019, involving the identical questions, shall stand decided. Learned counsel for the parties are also ad idem that all three writ petitions can be conveniently disposed of by a common judgment.
The Central Electricity Authority in exercise of its power under the Electricity Act, 2003, framed 'The Central Electricity Authority (Measures Relating to Safety and Electric Supply) Regulations, 2010 (hereinafter referred to as "the 2010 Regulations")', which came into force from 24.09.2010 . These Regulations were subsequently amended on 13.4.2015. In order to achieve the goal of "ease of doing business", a provision was made to authorize the appropriate Government to certify Chartered Electrical Safety Engineer (hereinafter referred to as CESE) to assist the owner or supplier or consumer of electrical installation for the purpose of self certification under Regulation 30 and 43 of the 2010 regulations. Pursuant to the aforesaid Regulations, the office of the Chief Electrical Inspector, Haryana issued a public notice inviting applications for authorization of the CESE(s) in State of Haryana while prescribing the following eligibility conditions for getting empaneled and entitling them to work as the CESE(s):-
On receipt of the applications, 209 qualified persons were empaneled and hence, authorized to practice as the CESE(s) including the writ petitioners.
On 1.3.2018, the 2010 Regulations were again amended. In accordance with the Regulation 5(a) of the amended Regulations, the Central Electricity Authority issued guidelines on 26.6.2018 enumerating the procedure to be followed for authorizing the CESE(s). In the aforesaid guidelines, while prescribing the minimum qualifications of the CESE(s), a provision was made for enabling the concerned Government For Subsequent orders see RA-CW-174-2020 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL 3 of 16 CWP-16367-2019(O&M) to conduct a qualification test/interview before authorizing a CESE to practice as such. The amended guidelines prescribing the minimum eligibility requirements are extracted as under:-
Before examining the arguments of learned counsel for the parties, it would be appropriate to notice the right of the writ petitioners to continue practice as the CESE(s). The writ petitioners are Electrical Engineers. They were empanelled as the CESE(s). The State Government is not required to pay any amount to such empaneled For Subsequent orders see RA-CW-174-2020 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL 8 of 16 CWP-16367-2019(O&M) engineers. The CESE(s) neither hold any post nor the office. They are to be paid by the consumer who engages them for inspection of his/her premises. There was no assurance from the State Government or its agency with respect to the quantum of the work or the income a CESE would be able to earn. Thus, the writ petitioners were empaneled/listed/recognized as professionals who could inspect the premises of the consumer and certify safety of the electrical instruments and installations.
The last argument of learned counsel also does not have any substance because the new regulations are applicable to the existing CESE(s) and this Court does not find that such provision is either arbitrary or is not in public interest.
There is another aspect of the matter which needs certain discussion. The CESE(s), as per the regulations issued in the year 2016 as well as in the year 2018, provide that such CESE(s) are entitled to work as such upto the age of 65 years. However, the respondent-Haryana State has now debarred the new as well as the existing CESE(s) to apply if they have crossed the age of 62 years. This Court is examining its correctness only in the context of the existing CESE(s). If the existing CESE(s) has crossed the age of 62, when the new regulations/guidelines came into force, he is debarred from applying. The respondents have tried to justify such a provision by stating that the initial permission is granted for a period of three years. However, the existing CESE(s) already have the permission to practice. Thus, debarring such a person from participating in the test, the moment he crosses the age of 62 is arbitrary and illegal. The empanelled engineer still has three more years For Subsequent orders see RA-CW-174-2020 Decided by HON'BLE MR. JUSTICE ANIL KSHETARPAL 15 of 16 CWP-16367-2019(O&M) to go. Merely because the existing CESE(s) has crossed the age of 62 years when the amended Regulations have come into force would not be sufficient to debar him from appearing in the test. If such an existing Electrical Engineer is willing to participate in the test and establish his knowledge and capacity to work, there is no reason as to why he should be debarred particularly when life expectancy has increased and the respondents are not assuring any quantum of work or the remuneration to them.