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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P.V. SANJAY KUMAR, M. GANGA RAO, JJ.
P. Divya and Others – Appellants
Versus
M.D. APPGCL and Others – Respondents
Writ Petition No. 21795 of 2012
Decided On : 09-11-2018
DIRECT RECRUITMENT - JUNIOR PLANT ATTENDANT - NOTIFICATIONS - LOCAL CANDIDATES - PREFERENCE - PRESIDENTIAL ORDER - EXTENSION - VALIDITY - REGULATIONS - APPLICABILITY - WEIGHAGE MARKS - CONTRACT LABOUR - CHALLENGE - MAINTAINABILITY - ESTOPPEL - DISMISSAL OF WRIT PETITIONS.
Fact of the Case:
The Andhra Pradesh Power Generation Corporation Limited (APGENCO) issued notifications inviting applications for direct recruitment to the posts of Junior Plant Attendant in its service. The notifications provided that 20% of the posts would be filled by non-locals/locals and 80% of the posts would be filled by locals. The selection process involved a written test, a trade test, and an interview. Several candidates filed writ petitions challenging the notifications and the selection process on various grounds, including the extension of the Presidential Order to the selections, the weightage marks given to contract labour, and the manner in which women reservation was implemented.
Finding of the Court:
The court held that the extension of the Presidential Order to the selections was not valid as the post of Junior Plant Attendant was not a civil post under the State or a local authority. The court also held that the regulations relied upon by the APGENCO to justify the local candidate preference were not applicable to the post of Junior Plant Attendant. The court further held that the weightage marks given to contract labour were not arbitrary or unfair. The court also held that the writ petitions were not maintainable as the petitioners had participated in the selection process and were estopped from challenging the selection thereafter.
Issues: 1. Whether the extension of the Presidential Order to the selections was valid? 2. Whether the regulations relied upon by the APGENCO to justify the local candidate preference were applicable to the post of Junior Plant Attendant? 3. Whether the weightage marks given to contract labour were arbitrary or unfair? 4. Whether the writ petitions were maintainable?
Ratio Decidendi: 1. The Presidential Order could not be extended to the selections as the post of Junior Plant Attendant was not a civil post under the State or a local authority. 2. The regulations relied upon by the APGENCO to justify the local candidate preference were not applicable to the post of Junior Plant Attendant. 3. The weightage marks given to contract labour were not arbitrary or unfair. 4. The writ petitions were not maintainable as the petitioners had participated in the selection process and were estopped from challenging the selection thereafter.
Final Decision: The court dismissed the writ petitions.
ORDER :
BACKGROUND:
1. The Andhra Pradesh Power Generation Corporation Limited, Hyderabad (APGENCO), as it then was, issued Notification No. 01/CGM(HR)/2010 dated 05.01.2011 inviting applications from eligible candidates for direct recruitment to 1086 vacancies, comprising 130 backlog vacancies and 956 general vacancies, in the posts of Junior Plant Attendant in its service. Contract labour and land losers were also eligible to aspire for this direct recruitment, subject to their fulfilling the conditions prescribed. These vacancies were at the power generating stations of the APGENCO in Krishna, Guntur, Nalgonda, Khammam, Warangal, Karimnagar, Nizamabad, Mahaboobnagar, Kadapa and Visakhapatnam Districts in the erstwhile combined State of Andhra Pradesh. As the post of Junior Plant Attendant is a district cadre post, the Notification made it clear that each of the power generating stations in the districts would be the unit of appointment. Where more than one generating station was situated in a particular district, candidates were required to give their preference in the order of their choice (not more than three generating stations). Clause 5 of the Notification provided that the selection list would be drawn up in two parts. It reads as under:
5. District/Local (Power Generating Station): The selection list will be drawn in two parts. The first part will comprise 20% of the posts consisting of combined merit list of “Local” as well as “Non-Local” and the same will be drawn from the state wide merit list. The remaining second part will comprise the balance 80% of the posts consisting of “Locals” only which will be drawn from the District Wide merit list in which the Generating Station is situated and the posts will be filled up duly following the Rule of Reservation.
2. Clause 7 stipulated the educational qualifications for eligibility to the effect that candidates were required to possess SSLC/SSC/10th Class with ITI in Electrician, Fitter, Mechanist, Wireman, Welder, Turner, Mechanic (Diesel), Instrument Mechanic, Draughtsman (Mechanical) 2 Year Vocational Course in Electrician Trade. The cut-off date for reckoning the above eligibility compliance was fixed as 01.01.2011. Clause 9 detailed the selection procedure and, to the extent relevant, it reads as under:
“9. Selection Procedure:
(A) Criteria for preliminary evaluation:
Total Marks = 100
Weightage Marks:
(i) 30 Marks will be allocated against marks obtained in the qualifying examination of ITI (Marks Secured in ITI X 30/Total Marks in ITI).
(ii) Weightage up to 10 Marks will be given for Passing of qualifying examination of ITI up to the date of notification @ 2 Marks for each completed year of passing. Fraction of months will be ignored.
(iii) Service Weightage to contract labour worked in Power Generating Stations of APGENCO:
(a) Service for more than 6 months.....10 Marks
(b) Service for less than 6 months.....5 Marks
...........
(B) 25 Marks for Written Test: Based on the marks secured as per the criteria mentioned in “A” above, a combined merit list of all trades shall be drawn and the candidates in the ratio of 1:20 will be called for “Written Test” duly following the rule of reservation. Any candidate carrying equal marks under 1:20 ratio shall also be called for the said written test. The written test comprising of 25 marks consisting of 50 multiple choice questions and each question carrying “half mark on Power Plant Related Topics of Thermal/Hydel Generating Stations.
(C) 25 Marks for Trade Test: Based on the marks secured as per the criteria mentioned in “A” and “B” above, a combined merit list of all trades shall be drawn and the candidates in the ratio of 1:3 will be called for “Trade Test relating to respective Trades” duly following the Rule of Reservation.
(D) There will be no interview.
...........
(E) Final Selection of the candidates: Based on the criteria mention
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