IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J.
C.S. Mahesh Babu, and Others - Petitioners
Versus
Sri M.T. Kishna Babu and Others - Contemnors
Contempt Case No. 1141 Of 2020, Contempt Case No. 1142 Of 2020
Decided On : 04-10-2024
Contempt - Employment - Selection Process - Marks Allocation - The court discussed the provisions regarding the allocation of marks for apprenticeship certificates and the necessity of compliance with its prior orders, emphasizing the importance of equal treatment in the selection process.
Fact of the Case:
The petitioners, after completing an ITI course and apprenticeship, applied for Shramik posts but were denied marks for their National Trade Certificates, leading to contempt proceedings against the Corporation for not following court orders.
Finding of the Court:
The court found that the Corporation failed to comply with its previous orders to award marks for the National Trade Certificates, constituting a violation of the court's directives.
Issues: Whether the Corporation's refusal to award marks for the National Trade Certificates constituted contempt of court and whether the petitioners were entitled to be considered for appointment.
Ratio Decidendi: The court held that the Corporation was obligated to award marks for the National Trade Certificates as per its prior orders, and the refusal to do so was unjustified.
Result: The contempt cases were allowed, and the 2nd respondent was fined for non-compliance with court orders.
ORDER :
(R. Raghunandan Rao, J.) :
The petitioners herein, after passing the ITI Certificate course, (Diesel Mechanic) had undergone apprenticeship in APSRTC between 2004-2006 in the case of the 1st petitioner, between 1999-2001 in the case of the 2nd 3rd petitioners. After completion of their apprenticeship, they are said to have worked in the Corporation itself as outsourced employees. On 01.11.2010, the Corporation issued a notification inviting applications to fill up 163 Shramik posts in Ananthapuram Region. Even before the notification, Corporation issued a circular No. PD-65/2010, dated 21.10.2010 clarifying the method of selection, allotment of marks and the requisite qualifications. This circular stipulated that the applicants who possess a minimum qualification of ITI with Diesel Mechanic Trade, for the post of Shramik would be given to candidates who had undergone apprenticeship in APSRTC. The allocation of marks as per these instructions were also set out in the following manner:
| 1. | Marks obtained in ITI to be weighted down to | : 50 marks |
| 2. | For undergone Apprenticeship | : 30 marks |
| 3. | Weightage Marks | : 20 marks |
|
| Total | 100 Marks |
2. The petitioners who had applied for these posts had undergone the selection process. However, they were rejected on the ground that they had not obtained the necessary qualifying marks. It is stated that the necessary marks were not awarded to the petitioners as 30 marks which was to be awarded for undergoing apprenticeship were not awarded on the ground that such marks would be awarded only to candidates who possess a National Apprenticeship Certificate.
3. Some of the aggrieved applicants being aggrieved by this condition, which is said to have been absent in the notification and the circular, approached the erstwhile High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, by way of W.P.No.6836 of 2011. When the matter came up before the Hon’ble High Court, the respondents agreed to award 30 marks on production of National Trade Certificate and the writ petition was disposed of on 30.03.2011 in terms of the undertaking. When the petitioners, herein, approached the Corporation for award of such marks to them also, the same was rejected as there was no direction in their favour. Due to this stand taken by the Corporation, the petitioners in C.C.No. 1141 of 2020 approached this Court, by way of W.P.No.36598 of 2012. Similarly, the petitioners in C.C. No. 1142 of 2020 had approached this court by way of W.P. No. 33850 of 2012. Both these writ petitions came to be disposed of, by way of separate orders, by a learned Single Judge of this Court on 22.10.2019. The operative part of the orders reads as follows:
Therefore, it is appropriate to direct the petitioners to approach the Regional Manager concerned of the APSRTC and produce a photo copy of the Provisional National Trade Certificate possessed by them and upon such production, the Regional Manger concerned shall take the same into account for adding appropriate marks for selection purpose, and pass appropriate orders about their selection or other
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