IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR W.P.NO.18440/2017 (S RES) BETWEEN SRI RAVINDRA B HALIGERI S/O. BASAVANTAPPA V HALIGERI, HINDU, AGED ABOUT 50 YEARS, C/O. MR. SRINATH, R/AT NO. 31, KOORLAPPA LAYOUT, MARUTHI NAGAR, YELAHANKA (OLD TOWN), BANGALORE 560064.
(BY SRI RAMACHANDAR DESU, ADV.) AND 1. THE B W S S B 1ST FLOOR, “KAVERI BHAVAN”, KEMPEGOWDA ROAD, BANGALORE 560009, REP. BY ITS CHAIRMAN.
2. THE CHIEF ADMINISTRATIVE OFFICER CUM SECRETARY, BWSSB, 1ST FLOOR, “KAVERI BHAVAN”, KEMPEGOWDA ROAD, BANGALORE 560009.
3. MRS. VENUPRIYA SOMASEKHAR, 43, 5TH ‘A’ CROSS, SUBBANNA GARDEN, ... PETITIONER VIJAYA NAGAR, BANGALORE 560040.
... RESPONDENTS (BY SRI M NAGESH, ADV. FOR R1 & R2 – ABSENT, SRI GURUDEV I.GACHCHINAMATH, ADV. FOR R1 & R2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DTD.12.4.2017 PASSED BY THE R-2 VIDE ANNEX-A ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Heard the learned Counsel for the petitioner. Learned Counsel on record for respondents 1 & 2 is absent. Learned Counsel Sri Gurudev Gachchinamath who appeared in the connected writ petition is requested to assist the Court and hence, registry to show the name of Sri Gurudev Gachchinamath as the Counsel representing respondents 1 & 2.
2. The facts in brief are, that the petitioner is a Ex- serviceman and had served the Indian Air Force and retired on 30.04.2008 on completion of 20 years of engagement. That during the tenure in the Air Force, he had worked for more than 10 years after completion of diploma course conducted by the Air Force and the Air Force has issued a certificate vide Annexure-F and the certificate reads that the diploma in engineering with 10 years of experience is equivalent to degree in engineering and the same has been recognized vide Government of India, Ministry of Education and Social Welfare (Department of Education) O.M.No.F- 18-19/75/T-2 dated 26.05.1977.
3. Though the learned Counsel for the petitioner would vehemently contend that in the light of Annexure-B, the training certificate and the diploma conferred on the petitioner it had to be considered as equivalent to the degree in engineering. The petitioner has not placed any material before this Court to demonstrate that the State Government has issued any proceedings or notifications declaring the diploma certificate as an equivalent to a degree in engineering. Secondly, the petitioner has accepted his appointment as a Junior Engineer. Thirdly, the petitioner has not arrayed any selected candidate as a party to the writ petition, as necessarily issuing any direction in the nature as sought for by the petitioner would result in displacing the selected candidate. It was for the petitioner to identity the employee who would be displaced. The petitioner has merely sought for quashing of Annexure-A – endorsement issued pursuant to his representation and for a further mandamus to respondent No.2 to consider his representation dated 28.11.2016.
4. At this juncture, learned Counsel for the petitioner would place reliance on the ruling of the High Court of Punjab & Haryana in CWP No.5203/2010, to state that in similar circumstances, the Court was pleased to uphold the contention that the diploma certificate is equivalent to a degree in engineering. On perusal of the said ruling, in unnumbered paragraph No.2 in page No.2, it is seen that the petitioner therein had completed three years diploma course in Civil Engineering from Haryana Polytechnic and was issued a certificate by the Haryana State Board of Technical Education on 21.01.1986 and had technical experience of more than 18 years. Secondly, at unnumbered paragraph No.3 in page No.3, the learned Single Judge of High Court of Punjab & Haryana, has clearly recorded that the State of Haryana has accepted the decision of the Central Government dated 26.05.1977 for all intents and purposes. In that view of the matter, the case of the petitioner therein has been accepted and leave granted. In the instant case, the endorsement impugned at Annexure-A reads as under:
“ªÉÄîÌAqÀ «µÀAiÀÄzÀ §UÉÎ ²æà gÀ«ÃAzÀæ © ºÁ½UÉÃj DzÀ ¤ÃªÀÅ ¢£ÁAPÀ: 28.11.2016gÀAzÀÄ ¸À°è¹gÀĪÀ ªÀÄ£À«AiÀÄ°è PÉÃAzÀæ gÀPÀëuÁ E¯ÁSÉ ¤ÃrgÀĪÀ ¥ÀæªÀiÁt ¥ÀvÀæªÁzÀ r¥ÉÆèªÀiÁ «zÁåºÀðvÉAiÀÄ£ÀÄß ¥ÀzÀ«UÉ ¸ÀªÀiÁ£ÁAvÀgÀªÉAzÀÄ ¥ÀjUÀt¸À®Ä PÉÆÃjgÀĪÀÅzÀ£ÀÄß ¥ÀgÀ²Ã°¸À¯ÁVzÉ. ¨sÁgÀwÃAiÀÄ ªÁAiÀÄÄ ¸ÉãÉAiÀÄ ¸ÉêÉAiÀÄ°ègÀĪÁUÀ ºÉÆA¢gÀĪÀ r¥ÉÆèªÀiÁ E£ï J¯ÉQÖçPÀ¯ï «µÀAiÀĪÀ£ÀÄß JAf¤AiÀÄjAUï ¥ÀzÀ«UÉ ¸ÀªÀiÁ£ÁAvÀgÀ JAf¤AiÀÄjAUï ¥ÀzÀ«AiÉÄAzÀÄ PÉÃAzÀæ gÀPÀëuÁ E¯ÁSÉ ¤ÃrgÀĪÀ ¥ÀæªÀiÁt ¥ÀvÀæªÀ£ÀÄß ¥ÀgÀUÀt¸À®Ä ªÀÄAqÀ½AiÀÄ ªÀÈAzÀ, £ÉêÀÄPÁw ªÀÄvÀÄÛ §rÛ ¤§AzsÀ£ÉUÀ¼À°è CªÀPÁ±ÀUÀ¼À£ÀÄß PÀ°à¹gÀĪÀÅ¢®è.
¸ÀÆPÀÛªÀ®èzÀ / ¸ÀªÀÄAd¸ÀªÀ®èzÀ «zÁåºÀðvÉAiÀÄ£ÀÄß ¥ÀjUÀt¸À¢gÀĪÀÅzÀÄ £ÉêÀÄPÁw ¸À«Äw £ÀqÀªÀ½¬ÄAzÀ PÀAqÀħA¢gÀÄvÀÛzÉ. ¸ÀzÀj ¥ÀæwAiÀÄ£ÀÄß ªÀiÁ»wUÁV ®UÀwÛ¹zÉ.”
5. From a reading of the above, it is apparent that the request of the petitioner to equate the diploma certificate with the engineering degree has been rejected on the premise that the rules and regulations do not permit the same. If that be the case, the onus was on the petitioner to lay a foundation by placing on record any material in the form of a notification or other proceedings of the State Government, whereby the holder of a diploma with 10 years of experience is equated with an engineer possessing engineering decree.
6. At this juncture, learned Counsel for the petitioner would submit that the appointment of respondent No.3 has been withdrawn and would place on record the proceedings dated 05.07.2017. On perusal of the same, it is seen that there is a reference to W.P.No.16178/2015 and admittedly the same is not preferred by the petitioner. The petitioner having accepted the post, cannot now turn around and contend otherwise. The petitioner has not even called in question the selection list for the post of Assistant Engineer.
7. In view of the above discussion, it is concluded that the petition is devoid of merits and is accordingly dismissed.
Sd/- JUDGE KK CT-HR