Petitioners challenging an order reverting ITI holder vacancies to direct recruitment. Court relied on precedent holding ITI holder quotas must be filled by ITI holders. Disposed as petitioners failed to prove ITI qualification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 04TH DAY OF AUGUST 2020 / 13TH SRAVANA, 1942
WP(C).No.1342 OF 2020(P)
PETITIONER:
1 SANTHOSH N.C, AGED 48 YEARS, S/O. LATE CHANDRASEKHARAN NAIR, (EMP CODE 1052684), SUB ENGINEER, ELECTRICAL SECTION, KSEB LTD., KOLENCHERY, ERNAKULAM - 682 311, RESIDING AT NADUVILE VEEDU, CHOTTANIKKARA P. O., ERNAKULAM - 682 312.
2 V. B. MANOJ, S/O. V. BALAKRISHNAN, (EMP CODE 1052764), SUB ENGINEER, ELECTRICAL DIVISION, KUNNAMKULAM, THRISSUR DT., RESIDING AT VENNAMGOTT HOUSE, PUTHENPALLY P. O., THRISSUR - 680 103.
BY ADVS. SRI.P.RAVINDRAN (SR.) SMT.APARNA RAJAN SRI.SREEDHAR RAVINDRAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD, REPRESENTED BY ITS SECRETARY, VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM - 695 004. 2 THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD LTD., VYDHUTHI BHAVAN, PATTAM, THIRUVANANTHAPURAM - 695 004. 3 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, POWER (A) DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
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BY ADVS. SMT.ANEETHA A.G., SC, KSEB SRI.P.C.SASIDHARAN, PSC SRI.P.VIJAYAKUMAR, ASGI SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed by two Sub Engineers challenging Ext.P9 order by which 163 vacancies of Assistant Engineers in the quota for promotion of ITI holders, were reverted to 40% quota for direct recruitment and reported to Public Service Commission.
2. Petitioners claimed that they were fully qualified in accordance with CEA Regulations 2010 and the vacancies in the quota of ITI holders shall be filled up by qualified persons like petitioners.
3. In the judgment dated 28.07.2020 in W.P. (C) No.35921/2019 & connected cases, I have already held that the quota available for ITI holders cannot be tinkered with for the purpose of direct recruitment and that their quota shall be filled up by ITI holders.
Petitioners have not stated whether they are ITI holders. At any rate, persons other than
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ITI holders would not be entitled to be appointed
in the 20% quota set apart for them.
Therefore this writ petition is disposed of in the light of the judgment in W.P.(C) No.35921/2019 and connected cases.
Sd/P.V.ASHA JUDGE
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APPENDIX
PETITIONERS' EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE ORDER NO.B.O.M.IV- 11552/67/TVM OF THE KERALA STATE ELECTRICITY BOARD DATED 13.7.67. |
|---|---|
| EXHIBIT P1 (a) | TRUE COPY OF THE ORDER B.O.NO.EC.IV- 17428/70 OF THE KERALA STATE ELECTRICITY BOARD DATED 9.12.70. |
| EXHIBIT P1(b) | TRUE COPY OF THE ORDER B.O.NO.RLI 28309/72 OF THE KERALA STATE ELECTRICITY BOARD DATED 16.8.73. |
| EXHIBIT P2 | TRUE COPY OF THE GOVERNMENT ORDER NO.GO(RT) NO.206/2016/PD DATED 26.10.2016. |
| EXHIBIT P3 | TRUE COPY OF THE COMMUNICATION NO.ESTT.II/ 6781/2017 BY THE KSEB TO THE SECRETARY, DEPARTMENT OF POWER DATED 26.11.2018. |
| EXHIBIT P4 | TRUE COPY OF THE COMMUNICATION NO.ESTT.II/ 6781/2017 BY THE KSEB TO THE SECRETARY, DEPARTMENT OF POWER DATED 19.12.2018. |
| EXHIBIT P5 | TRUE COPY OF THE GOVERNMENT ORDER NO.GI(RT) NO.1/2019/PD DATED 13.02.2019. |
| EXHIBIT P6 | TRUE COPY OF THE MINUTES OF THE MEETING DATED 19.12.2018. |
| EXHIBIT P7 | TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.6410/2019 DATED 5.3.19. |
| EXHIBIT P8 | TRUE COPY OF THE REPLY SUBMITTED BY THE ELECTRICITY MINISTER BEFORE THE 16TH CONFERENCE OF ASSEMBLY DATED 5.11.19. |
| EXHIBIT P9 | TRUE COPY OF THE ORDER NO.BO(FTD) NO. 959/2019 ISSUED BY THE KSEB DATED 26.12.2019. |
2 issues framed by the court
Whether qualified persons other than ITI holders can be appointed in vacancies reserved for ITI holders.
Whether the quota for ITI holders can be reverted to direct recruitment quotas.
Colour shows how this judgement treated each authority
W.P. (C) No.35921/2019 & connected casesRelied on¶3
Santhosh N.C
V. B. Manoj
Kerala State Electricity Board Ltd
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
