THE HON'BLE SRI JUSTICE PULLA KARTHIK WRIT PETITION No.9170 of 2013

ORDER:

Aggrieved by the action of the respondents in issuing the impugned Notice No.11, dated 16.03.2013, declaring the petitioners as disqualified for the post of Junior Plant Attendant (JPA) though they possess vocational training certificate in the trade of electrician issued by the 3^rd respondent Department, the present Writ Petition is filed.

2) The case of the petitioners, in brief, is that they were working as Contract Labour in Kothagudem Thermal Power Station (V Stage), Paloncha, Khammam District, since past 15 years thereto. They have passed Vocational Training Course in the trade of Electrician and were issued certificates dated 30.06.2011. Therefore, pursuant to the supplementary Notification dated 17.10.2011, the petitioners have applied for the post of JPA duly enclosing their respective certificates issued by the third respondent Department and they were successful in the written test and their names were placed in the list of shortlisted candidates on the basis of 1:3 ratio to appear for the trade test. While so, the respondents have issued the impugned proceedings declaring that the petitioners are disqualified as they do not possess the requisite qualification for selection to the post of JPA.

Aggrieved by the same, the petitioners are before this Court.

3) Heard Ms. Savitha, learned counsel for the petitioners, and Ms. V. Uma Devi, learned Standing Counsel for respondents 1 and 2, and the learned Government Pleader for respondent No.3.

4) It has been contended by the learned counsel for the petitioners that since the petitioners got eligibility to appear for the post of JPA, they were permitted by the respondents to appear for written examination and they have also succeeded in the written examination, their names were placed in the short listed candidates on 1:3 basis to appear for trade test. Hence, the respondents are not justified in issuing the impugned notice dated 16.03.2013 on the ground that the petitioners did not possess the requisite qualification for the selection to the post of JPA. It is further contended that as on the date of issuance of supplementary notification, the petitioners have acquired the requisite qualification and therefore they are fully eligible for selection to the post of JPA. Therefore, the learned counsel prayed to pass appropriate orders in the writ petition.

5) Per contra, the learned Standing Counsel has contended that pursuant to the interim orders passed by this Court on 26.03.2013, the petitioners were permitted for Trade Test held on 13.04.2013 and results of the petitioners were also published on 01.07.2013. However, the petitioners were disqualified for further selection to the post of JPA in the ratio of 1:1 since they do not possesses the requisite qualification as notified in the notifications dated 05.01.2011 and 17.10.2011. In fact, the petitioners do not possess the qualification of ITI (Electrician), which is the prescribed qualification for the post of JPA for the general category. In the Online applications, the petitioners have mentioned that they possess ITI with a view to get their applications accepted by the computer and thereby the petitioners have deliberately misled the respondents.

Therefore, it is prayed to dismiss the Writ Petition.

6) This Court has taken note of the submissions made by the respective counsel.

7) A perusal of the notification No.01/CGM (HR)/2010, dated 05.01.2011, discloses that the following educational qualifications were prescribed for the post of JPA:

“Must possess SSLC/SSC/10^th Class with ITI in Electrician/

Fitter/Mechanist/Wireman/Welder/Turner/Mechanic (Diesel)/Instrument Mechanic/Draughtsman (Mechanical)/2-Years Vocational Course in Electrician Trade as on 01.01.2011.”

Thereafter, the respondents have issued the supplemental notification dated 17.10.2011 wherein the following educational qualifications were prescribed:

“Must possess SSLC/SSC/10^th Class with ITI in