IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W. P. No.45443/2015 (S-RES) BETWEEN SRI. NANDISHKUMAR T.D. S/O DARMARAJU TN AGED ABOUT 35 YEARS RESIDING AT GALIHALLI CROSS CHIKMAGALUR (BY SRI. L.SRINIVASA BABU-ADV) AND ... PETITIONER 1. THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED CAUVERY BHAVAN K G ROAD BANGALORE-560009 BY ITS MANAGING DIRECTOR.
2. THE EXAMINATION COMMITTEE FOR ENDURANCE T4EST FOR JUNIOR LINEMEN THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED SHIVAMOGGA-577201 REP. BY SUPERINTENDENT ENGINEER.
... RESPONDENTS (BY SMT. PADMA S.UTTUR-ADV) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, RPAYING TO QUASH THE ENDORSEMENT BEARING APPLICATION ID MJ 1013036 DATED:3.9.2015 ISSUED BY THE R-2 PRODUCED AT ANNEXURE-E AND DIRECT THE RESPONDENTS TO CONSIDER THE CASE OF THE PETITIONER FOR THE POST OF JUNIOR LINEMAN.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING-B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The learned counsel Smt. Padma S Uttur is directed to take notice on behalf of the respondent No.1 and 2.
2. Issue canvassed in this writ petition has already been considered by a coordinate bench of this court, in a batch of writ petitions. The lead petition being W.P. No.101730-731/2016 and it is disposed off by order dated 31.01.2017.
3. This court in respectful agreement with a view expressed by the coordinate bench in the writ petitions disposed off by the above noted order. The writ petition came to be rejected by relying on the law laid down by the Hon’ble Apex Court as reported in AIR 2007 SC 254 which reads as follows:-
“24. The statutory authority is entitled to frame statutory rules laying down terms and conditions of service as also the qualifications essential for holding particular post. It is only the authority concerned who can take ultimate decision therefore.
25. The jurisdiction of the superior courts, it is a trite law, would be to interpret the rule and not to supplant or supplement the same.
26. It is well settled that the superior courts while exercising their jurisdiction under Article 226 or 32 of the Constitution of India ordinarily do not direct an employer to prescribe a qualification for holding a particular post.”
Hence, following the said order, the present writ petition also stands rejected.
SS-CT Chs Sd/- JUDGE