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2014 Supreme(Kar) 539

High Court of Karnataka
D.H. WAGHELA & H.G. RAMESH, JJ.
A.C. Mahesh & Others
Versus
The State of Karnataka & Others
Writ Petition Nos. 6842-6880 of 2010 (S-KAT) c/w Writ Petition Nos.15002, 21131-21146, 19401, 21520-21530, 6747-6758, 908-911 of 2011, 16948-16995, 8215, 8715, 8906, 10106, 12726-12763, 17294-17327, 17481, 17485-17490, 17723-17727, 24525, 41905-41908 of 2010 & 103593, 103620-103657 of 2014 (S-KAT)
Decided on : 23-09-2014

Advocates Appeared:
H. Subramanya Jois, V. Lakshminarayan, D.N. Nanjundareddy, Udaya Holla, Sr. Counsels for K.C. Shanthakumar, Madhusudan R. Naik, Sr. Advocate As Spl. Counsel along with D.K. Ravindra, J. Prashanth For M/s. Ravivarma Kumar Associates, S.M. Babu, C.M. Nagabhushan, P.V. Chandrashekar, H. Kantharaj, L. Vijayakumar, Nityanand, Reuben Jacob, M. Nagaprasanna, M. Nagaprasanna, K. Subbarao, Sr. Counsel for K.N. Satheesha, Vivek Holla, S. Chandra Shekar, Ravi G Sabhahit, Abhinav for M/s Kumar & Kumar, Nityananda V. Nayak, K. Diwakar, K.A. Chandrashekar, K.A. Nagesha, C.K. Sridhar, G.M. Chandra Shekar, Venkatesh R. Bhagat, B.M. Girish, Mangannavar, B. Pramod, D. Ramdas, Nataraju B. Halemane, D. Pavanesh for M.S. Bhagawat, Prakash M Patil, Shankar N Bhat, Advocates.

Headnote:LABOUR & SERVICES - Recruitment: [D.H. Waghela, C.J. & H.G. Ramesh, JJ] Motor Vehicle Inspectors - Minimum qualification - Held, Qualification prescribed by State Government under Rule 2 of the Karnataka General Services (Motor Vehicles Branch) (Recruitment) Rules, 1976, (as amended by notification, Dated 24.11.2005) cannot override minimum qualification prescribed by Central Government by issuing notification in exercise of power under Section 213(4) of Motor Vehicles Act, 1988. Plea that qualification of work experience of one year in reputed automobile workshop prescribed by Central Government is impossible is not tenable.

       MOTOR VEHICLES ACT, 1988 - Section 147: [B. Sreenivase Gowda, J] Liability of insurer - Offending vehicle (Bajaj Luggage Auto) being goods vehicle was engaged by claimant for purpose of transporting arecanut in order to sell same at market - said vehicle fell into drain due to rash and negligent driving of driver - Cover note of insurance policy of offending vehicle showing that seating capacity of auto as 1+1 - Held, Risk of claimant is covered under policy. Insurer is liable to pay compensation to claimants.

       MOTOR VEHICLES ACT, 1988 - Section 168: [B. Sreenivase Gowda, J] Determination of compensation - Claimant aged 30 years - agriculturist - Income taken at Rs.3,500/- p.m. - disability of 30% to the limb - disability to whole body at 10% - Multiplier of 17 applied - Claimant sustained fracture of tibia and fibula of left leg and deep cut injuries to the said leg - Compensation was enhanced to Rs.2,10,678/- [Rs.40,000/- towards pain and suffering; Rs.43,278/- towards medical expenses; Rs.12,000/- towards incidental expenses; Rs.14,000/- towards loss of income during laid up period; Rs.30,000/- towards loss of amenities and Rs.71,400/- (3500x12x10/100x17) towards future loss of income] as against 1,74,478/- awarded by Tribunal.

Judgment :

H.G. Ramesh, J.

1. Petitioners in Writ Petition Nos.15002/2011 & 21131- 21146/2011, 16948-16995/2010, 17294-17327/2010, 17481/2010 & 17485-17490/2010 & 17723-17727/2010, 19401/2011 & 21520-21530/2011 & 41905-41908/2010 & 6747-6758/2011 & 908-911/2011 are challenging the order dtd. 25.05.2010 passed by the Karnataka Administrative Tribunal ('the Administrative Tribunal') in Application Nos.182 to 185, 187, 195, 197 to 202 of 2007, quashing the recruitment notification dtd. 18.08.2006 insofar as it relates to recruitment of Motor Vehicles Inspectors and consequently quashing all appointments of Motor Vehicles Inspectors made pursuant thereto.

2. By the aforesaid recruitment Notification, the Karnataka Public Service Commission ('the KPSC') had called for applications for the post of Motor Vehicles Inspectors. The Administrative Tribunal, by the impugned order, has quashed the recruitment notification and the appointments made pursuant thereto on the ground that the recruitment notification did not stipulate one of the minimum qualifications prescribed by the Central Government for the post of Motor Vehicles Inspectors namely, 'work experience of at least one year in a reputed automobile workshop'. This is one of the minimum qualifications prescribed by the Central Government as per the notification dtd. 19th June 1989 in exercise of the power under S.213(4) of the Motor Vehicles Act, 1988 ('the M.V. Act, 1988').

3. We have heard the learned counsel appearing for the parties and perused the impugned order dtd.25.05.2010.

In the light of the contentions urged by the learned counsel, following questions arise for determination in the writ petitions referred to above:

1. Whether the qualifications prescribed for the post of Motor Vehicles Inspectors by the Karnataka General Services (Motor Vehicles Branch)(Recruitment) Rules, 1976 as amended by Government of Karnataka by notification dtd. 24th November 2005 in exercise of the power under sub-sec.(1) of S.3 r/w S.8 of the Karnataka State Civil Services Act, 1978 would override the minimum qualifications prescribed by the Central Government by notification dtd. 19th June 1989 in exercise of the power under S.213(4) of the M.V. Act, 1988?

2. Whether the recruitment notification dtd. 18.08.2006 is illegal, as held by the Administrative Tribunal, on the ground that the qualifications stipulated in the recruitment notification for the post of Motor Vehicles Inspectors did not include one of the minimum qualifications prescribed by the Central Government by notification dtd. 19th June 1989 in exercise of the power under S.213(4) of the M.V. Act, 1988?

3. Whether the qualification of work experience of one year prescribed by the Central Government is impossible of compliance?

4. Whether work experience gained by the appointees after the appointment would cure the illegality, if any, in the appointments made?

5. Whether the appointments, if illegal, could be interfered at this stage?

6. Whether the applicants before the Administrative Tribunal had locus standi to challenge the appointments in question?

4. Learned counsel appearing for the parties, in support of their contentions, relied on the following decisions:

1. State of Bombay vs. F.N.Balsara (AIR (38) 1951 SC 318)

2. Zaverohai vs. State of Bombay (AIR 1954 SC 752)

3. R.M.D.C vs. Union of India (AIR 1957 SC 628)

4. State of Rajasthan vs. G.Chawla (AIR 1959 SC 544)

5. State of Orissa vs. M.A.Tulloch & Co. (AIR 1964 SC 1284)

6. D.Nagaraj vs. State of Karnataka ((1977) 2 SCC 148)

7. R.S.Joshi vs. Ajit Mills Limited ((1977) 4 SCC 98)

8. Ishwari Khetan Sugar Mills (P) Ltd. vs. State of U.P ((1980) 4 SCC 136)

9. Hoechst Pharmaceuticals Ltd vs. State of Bihar ((1983) 4 SCC 45)

10. Prem Chand Jain vs. R.K.Chhabra ((1984) 2 SCC 302)

11. Om Prakash vs. Akhilesh Kumar ((1986) Supp SCC 285)

12. India Cement Ltd. vs. State of T.N ((1990) 1 SCC 12)

13. H.C.Puttaswamy vs. The Hon'ble Chief Justice of Karnataka High Court ((















































































































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