Dismissed

K R Ravinandan v. Karnataka Power Transmission Corporation Ltd.

Karnataka HC18 Jul 2024WP/46029/2015

Case brief

AI extract

What is this about?

A candidate with knocking knees (disability in both legs), rejected for an Assistant Engineer post reserved for physically handicapped persons after a clarification confined eligibility to one-leg locomotor disability, challenged the provisional select list. The court held the pre-deadline clarification aligned with Section 32 notifications and declined to interfere, rejecting the petition.

What the court decided

AI extract

K R Ravinandan Vs Karnataka Power Transmission… — Service and Employment | Karnataka HC (2024)

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NC: 2024: KHC:27904 WP No. 46029 of 2015

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF JULY, 2024 BEFORE

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THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 46029 OF 2015 (S-RES)

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BETWEEN:

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K R RAVINANDAN

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Digitally signed by VINAYAKA B V Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD Date: 2024.08.28 10:35:29 +0530

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S/O SRI RAMACHANDRE GOWDA, AGED 26 YEARS, R/AT KODIHALLI, SATENAHALLI POST, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 802.

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…PETITIONER

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(BY SRI. M NARAYANA BHAT .,ADVOCATE)

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AND:

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KARNATAKA POWER TRANSMISSION CORPORATION LTD REP. BY ITS MANAGING DIRECTOR, CAUVERY BHAVAN, K.G.ROAD, BENGALURU - 560 009.

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THE DIRECTOR (ADMN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERY BHAVAN, K.G.ROAD, BENGALURU - 560 009.

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NC: 2024: KHC:27904 WP No. 46029 of 2015

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPT OF SOCIAL WELFARE, VIKAS SOUDHA, BENGALURU - 560 001.

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THE COMMISSIONER FOR DISABILITIES NO. 40, THAMBUCHETTY ROAD COX TOWN BENGALURU - 560 005.

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SRI INDUDHAR GOWDA S/O GIRIJAPPA, T.L., C/O THE DIRECTOR (ADMN & HR) KARNATAKA POWER TRANSMISSION CORPORATION LTD., CAUVERY BHAVAN, K.G.ROAD, BENGALURU - 560 009.

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…RESPONDENTS (BY SRI. A. CHANDRACHUD, ADVOCATE FOR R1 AND R2; SRI. GOPALA KRISHNA SOODI, AGA FOR R3 AND R4; SRI. HEMANTH RAJ, ADVOCATE FOR R5)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE PETITIONER; QUASH THE PROVISIONAL SELECT LIST DATED 1.10.2015 IN SO FAR IT RELATES TO THE POST OF ASSISTANT ENGINEER [ELECTRICAL] UNDER 3A [PHYSICALLY HANDICAPPED CATEGORY] PUBLISHED ON THE WEB SITE OF THE KPTCL PRODUCED AT ANN-K AS ILLEGAL AND WITHOUT AUTHORITY OF LAW AND VIOLATIVE OF ART 14, 16 & 21 OF THE CONSITUTION AND ALSO SEC 32 AND 33 OF THE PERSONS WITH DISABILITIES [EQUALOPPORUNITY, PROTECTION OF RIGHTS AND FULL PARTICIPATION] ACT 1995.

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THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is unsuccessful in his

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participation in the selection process commenced by the first respondent to fill up the posts of Assistant Engineer [Electrical] with the issuance of notification dated 25.04.2015. The petitioner, who suffers from a condition which is generally described as ‘ knocking knees’ , has participated in the selection process as a person with 60% physical disability. The first respondent has preferred the fifth respondent's candidature over the petitioner's candidature because of the notification dated 07.05.2015 issued in

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continuation of the selection notification dated 25.04.2015 clarifying that for the post of an Assistant Engineers [Electrical], the disability must be either locomotor disability in one leg or hearing disability.

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NC: 2024: KHC:27904 WP No. 46029 of 2015

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Sri M. Narayana Bhat, the learned

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counsel for the petitioner, submits that the selection notification dated 25.04.2015 is issued stipulating that a candidate can apply under the quota reserved for physical disability with a certificate issued by a competent Medical Authority to show that a physical defect or deformation of a minimum of 40% which causes interference with normal functioning of bones, muscles and joints, but subsequently, the notification dated 07.05.2015 is issued limiting the handicap vide the locomotor disability in one leg and thus excluding the petitioner who suffers from knocking knees [disability in both the legs].

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Sri M. Narayana Bhat canvasses

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that this subsequent notification dated 07.05.2015 is a relaxation of the stipulation as contained in the selection notification dated 25.04.2015, and unless such power is retained in the selection notification, the selecting authority cannot assume the power to

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5 - NC: 2024: KHC:27904 WP No. 46029 of 2015

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relax the condition. In this regard, the learned counsel relies upon the decision of the apex Court in

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Bedanga Talukdar v. Saifadulla Khan and Others¹ .

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4. Sri R. Hemanth and Sri A. Chandra

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Chud, the learned counsel for the respondents, submit that indeed the selection notification dated 25.04.2015 is issued only stipulating that a person applying under the quota reserved for physical handicap must file a certificate issued by the competent Medical Authority to show physical defect or deformity to an extent of minimum 40% resulting in interference with the normal functioning of bones, muscles and joints, but before the last date for submission of applications the next notification dated 07.05.2015 is issued clarifying that insofar as the

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1 [2011]12 SCC 85 .

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NC: 2024: KHC:27904 WP No. 46029 of 2015

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post of Assistant Engineers [Electrical], the locomotor

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disability must be in one leg.

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Sri R. Hemanth and Sri A. Chandra

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Chud canvass that in view of the fact that the clarification is issued much before the last date for submission, it cannot be contended on behalf of the petitioner that there is relaxation. Further, the learned counsels contend that under the erstwhile

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enactment viz., the Persons with disabilities [Equal

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Opportunities, Protection of Rights and Full

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Participation] Act, 1995 [ for short, the 'Act' ] the appropriate Governments are required to issue notification identifying posts reserved in establishments for persons with disability and also undertake periodic reassessment [ with intervals not exceeding three month s] for review and identification taking into consideration the developments in technology.

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6. Sri R. Hemanth and Sri A. Chandra

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Chud emphasize that the Central Government has issued notification on 29.07.2013 in exercise of the power under Section 32 of the Act, and insofar as the posts of Assistant Engineers [Electrical], the notified category of disabilities suitable for job is a disability in one leg and hearing handicap and that the subsequent notification dated 07.05.2015 is issued in the light of the notification dated 29.07.2013 under Section 32 of the Act.

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Sri R. Hemanth and Sri A. Chandra

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Chud also contend the following.

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[i] The State Government has issued a Notification dated 07.09.2012 mutatis mutandis adopting the earlier

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Notification dated 18.01.2007 issued by the Central Government under Section 32 of the Act.

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[ii] The State Government has also issued a

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Notification dated 15.06.2015 prescribing the locomotor disability insofar as the Assistant Engineers [Electrical] with Energy Department and this Notification also confines the disability in one leg.

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When queried, Sri A. Chandra Chud

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submits that his instructions are that separate notification is issued in the month of March 2015 adopting mutatis mutandis Notification dated 29.07.2013. The learned counsels also draw support

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from the decisions of Co-ordinate benches which have refused to interfere in the light of the notifications issued under Section 32 of the Act and that the petitioner has been appointed as an Assistant with MESCOM because his disability is recognized for the purposes of reservation under the physically handicapped quota for such post while

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emphasizing that it is based on the very set of notifications under section 32 of the Act and the adoption thereof by the State Government for itself and local bodies and corporations.

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This Court must, at the very outset

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observe that if the selection notification stipulates disability/physical handicap without reference to the specific disability in general terms, and if before the last date for submission of application, clarification is issued indicating the disability that would be considered for reservation, it cannot be opined that the notification dated 07.05.2015 issued clarifying that insofar as the Assistant Engineers [Electrical] the locomotor disability in one leg is in contravention of law. This Court cannot opine that it would not amount to relaxation which is frowned upon by the Apex Court in the decision relied upon by the learned counsel for the petitioner.

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10 - NC: 2024: KHC:27904 WP No. 46029 of 2015

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It is seen from the Notification dated

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29.07.2013 issued under Section 32 of the Act, the disability for the posts of Assistant Engineer [Electrical] is confined to the disability in one leg and hearing handicap. The concerned Expert Committee on verification of the posts that ought to be reserved for persons with disability has identified specific disabilities for particular posts. The Expert Committee's opinion will irrefutably be based on the consideration of a gamut of circumstances including the suitability and the nature of work. Therefore, this Court cannot interfere with such decision as is rightly canvassed by the learned counsels for the respondents.

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The respondents have not placed on record a copy of the notification issued by the State Government adopting the Notification dated 29.07.2013. However, no material is placed on record to doubt the respondent's case that such

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notification is issued, especially when another notification is issued in the month of June 2015 stipulating that for the posts of Assistant Engineer in the Energy Department, locomotor disability is confined to disability in one leg. Therefore, this Court cannot interfere in the present petition. This Court has also taken note of the fact that in terms of the different notifications issued consequent to the notification dated 29.07.2013 issued under Section 32 of the Act by the Central Government, the petitioner who has disability in both the legs because of his knocking knees is appointed as an Assistant.

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Therefore, this petition stands rejected.

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Sd/(B M SHYAM PRASAD) JUDGE

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K R Ravinandan v. Karnataka Power Transmission Corporation Ltd.

Case brief

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K R Ravinandan v. Karnataka Power Transmission Corporation Ltd.

Case brief

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