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2022 Supreme(SC) 212

L. NAGESWARA RAO, B. R. GAVAI
Muhammed A. A. – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner(s):K. Rajeev, S. Udaya Kumar Sagar, Bina Madhavan, Akanksha Mehra, Lakshay Saini, M/s. Lawyer S Knit & Co, V Chitambaresh, Lakshmeesh S. Kamath, Smriti Ahuja, Advocates
For the Respondent(s):P.N. Ravindran, V Balaji, N Krishnaprasad, Neha Singh, Astha Tyagi, C. K. Sasi, P. V. Dinesh, Ashwini Kumar Singh, Bineesh K, Aishwarya Bhati, Ld. ASG Gurmeet Singh Makker, Ruchi Kohli, Archana Pathak Dave, Sughosh Subramanyam, O.P. Shukla, M. T. George, Venugopalan Nair, Biju P Raman, Mukund P Unny, Kaustubh Shukla, Parijat Kishore Adv, Rahul Shyam Bhandari Adv, Konark Tyagi Abhay Singh, Nancy Shamim, Sanand Ramakrishnan, M.S. Vishnu Sankar, Sriram Parakkat, Athira G. Nair, Michael Rao, Adv M/S Lawfic, Advocates

JUDGMENT :

L. NAGESWARA RAO, J.

Leave granted.

1. Writ Petition (Civil) No. 6723/2019 (M) was filed in the High Court of Kerala for a declaration that Regulation 116 of the Central Electricity Authority (Measures relating to Safety and Electric Supply) Regulations, 2010 (for short “the Safety Regulations’) is ultra vires the regulation making power of the Central Electricity Authority under the Electricity Act, 2003 (for short “the Electricity Act”) and, therefore, void. The Petitioner-therein also sought for a declaration that the State of Kerala has no power to allow deviation under sub-regulation (1) of Regulation 116 in respect of qualifications prescribed in Regulations 6 and 7 of the Safety Regulations. A further relief of declaration that the Order dated 13.02.2019 issued by the State of Kerala as arbitrary, illegal, unreasonable and without jurisdiction was sought in the Writ Petition. To the extent that it permits the State Government to make deviations, Regulation 116 was declared to be beyond the power conferred on the Central Electricity Authority under the Electricity Act by a learned Single Judge of the High Court of Kerala. The order dated 13.02.2019 by which exemption

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