- 1 - NC: 2025:KHC:2491 WP No. 25408 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 25408 OF 2015 (S-RES) BETWEEN: MISS. PAVITHRA K D/O KADARAPPA T, AGE 22 YEARS, RESIDING AT SOMENAHALLY, MOLAKALMUR TOWN-577 535 CHITRADURGA DISTRICT. …PETITIONER (BY SRI. S VICTOR MANOHARAN, ADV.) AND: 1. THE GENERAL MANAGER (A & HR) CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED, NO.927, LJ AVENUE, COMMERCIAL COMPLEX, NEW KANTHARAJ URS ROAD, MYSURU- 571009. 2. THE DIRECTOR (TECHNICAL) & CHAIRMAN ASSISTANT LINEMAN SELECTION COMMITTEE, NO.927, LJ AVENUE, COMMERCIAL COMPLEX, NEW KANTHARAJ URS ROAD, MYSURU -571009. 3. MRS. LAKSHMI BAI AGED AROUND 30 YEARS Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2491 WP No. 25408 of 2015 W/O PRAKASH LAKSHMAN RESIDENT OF THUMBINA KERE DODDA THANDA BELLARY DISTRICT-583216. 4. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF ENERGY VIDHANASOUDHA BENGALURU-560001 …RESPONDENTS (BY SRI. S SRIRANGA, SR. COUNSEL FOR SRI LAKSHMIKANTH, ADV. FOR R1 & R2 SMT. PRATHIMA HONNAPURA, AAG FOR SRI SHIVAPRABHU HIREMATH, AGA FOR R4 SRI SHIVASHANKAR S.K., ADV. FOR SRI BASAVARAJ KAREDDY FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO SELECT AND APPOINT THE PETITIONER AS AN ASSISTANT LINEMEN PURSUANT TO RECRUITMENT NOTIFICATION DATED 03.03.2014 CONSIDERING THE PERCENTAGE OF MARKS SECURED BY HER; QUASH THE NOTIFICATION DATED 03.03.2014 REGARDING CALLING FOR RECRUITMENT TO THE POST OF ASSISTANT LINEMEN ISSUED BY THE R-1 VIDE ANNEX-A, SINCE THERE IS NO RESERVATION FOR WOMEN AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:2491 WP No. 25408 of 2015 ORAL ORDER The petitioner, unsuccessful candidate for the post of Assistant Linemen in pursuance of the notification dated 03.03.2014 (Annexure-A) is before this Court, questioning `the final selection list dated 14.01.2015 (Annexure-J) and also questioning the Government Order bearing No.ES 193 EEB 2012 dated 19.01.2013 wherein the Government exempted the respondent Nos.1 and 2 from reserving 30% to the Woman in the matter of recruitment of Assistant Linemen. 2. The brief facts of the case are that: The petitioner, being qualified and eligible in pursuance of the recruitment notice dated 03.03.2014 (Annexure-A) applied for the post of Assistant Linemen claiming reservation under Category-I KMS. It is submitted that 3 posts were meant for Category-I & KMS. The qualification prescribed was ITI Certificate from a recognized Industrial Training Institute in Electrician/Electronics/Electronic-Mechanical course. The - 4 - NC: 2025:KHC:2491 WP No. 25408 of 2015 selection was to be on the basis of marks obtained in the qualifying examination as well as Physical Endurance Tests. It is the case of the petitioner that the petitioner qualified in all Physical Endurance Tests. However, the petitioner is not selected and her name would not find place in the final select list dated 14.01.2015 (Annexure-J). Hence, the petitioner is before this Court, questioning the final select list as well as questioning the Government Order which exempts Woman reservation in the recruitment and appointment for the post of Assistant Linemen. 3. Heard learned counsel Sri.Victor Manoharan for petitioner, learned senior counsel Sri.Sriranga for Sri.Lakshmikanth, learned counsel for respondent Nos.1 and 2, learned counsel Sri.Shivashankar S.K. for Sri.Basavaraj Kareddy, learned counsel for respondent No.3 and Smt.Prathima Honnapura, learned Additional Advocate General along with Sri.Shivaprabhu Hiremath, - 5 - NC: 2025:KHC:2491 WP No. 25408 of 2015 learned Additional Government Advocate for respondent No.4. Perused the writ petition papers. 4. Sri.Victor Manoharan, learned counsel for the petitioner would submit that the petitioner is fully qualified and eligible for consideration of her case for appointment as Assistant Linemen. Further, he submits that the petitioner had passed in all Physical Endurance Tests. It is further submitted that respondent Nos.1 and 2 failed to provide 30% reservation to women as mandated under Rule 9(1-B) of Karnataka Civil Services (General Recruitment) Rules 1977. If the reservation had been provided, the petitioner had chance of selection and appointment as Assistant Linemen. Since no woman reservation is provided as provided under the above stated Rule, learned counsel would submit that the entire recruitment process is liable to be set aside. 5. Per contra, learned senior counsel Sri.Sriranga would submit that the petitioner failed to qualify in Physical Endurance Tests, as such, the petitioner is not selected. - 6 - NC: 2025:KHC:2491 WP No. 25408 of 2015 Moreover, he submits that cut-off percentage for Category-I is 86.28571% whereas the petitioner had obtained only 86.00% of marks. He invites attention of this Court to statement of objections filed on behalf of respondent Nos.1 and 2 and submits that the petitioner failed in 3 out of 4 Physical Endurance tests that were mandatory. Further, learned senior counsel would submit that notification inviting application makes it clear that a candidate to qualify for selection shall have to pass 2 tests out of 3 Physical Endurance tests apart from compulsory Pole Climbing Test. 6. Learned counsel further submits that under letter dated 09.10.2012 addressed to the State Government, respondent Nos.1 and 2 sought exemption from reservation of 30% to women candidates in respect of the recruitment of Assistant Linemen and accordingly, the Government under its order dated 19.01.2013 (Annexure-K) exempted respondent Nos.1 and 2 from providing 30% reservation to women candidates in the - 7 - NC: 2025:KHC:2491 WP No. 25408 of 2015 recruitment of Assistant Linemen in KPTCL and ESCOMS under proviso to Rule 9(1-B) of General Recruitment Rules. Further, he submits that while forwarding proposal, respondent Nos.1 and 2 got obtained report from the Social and Economic Change, Bangalore as to whether women candidates would be entitled for 30% reservation to the post of Assistant Linemen, taking note of the nature of work of the Assistant Linemen. Therefore, he submits that since the Government Order dated 19.01.2013 is issued in terms of proviso to Rule 9(1-B) of General Recruitment Rules, no interfere is required by this Court. 7. Learned Additional Advocate General Smt.Prathima Honnapura would submit that the Government Order exempting reservation of 30% to women candidates in the recruitment of Assistant Linemen was issued at the request of respondent Nos.1 and 2, taking note of the report of the Social and Economic Change, Bangalore enclosed to the proposal forwarded by respondent Nos.1 and 2. Learned AAG would invite attention of this Court to - 8 - NC: 2025:KHC:2491 WP No. 25408 of 2015 the preamble to the Government Order and submits that taking note of the difficulties of women in performing the nature of work of Assistant Linemen, the Government has rightly exempted respondent Nos.1 and 2 from providing 30% reservation to women to the post of Assistant Linemen. Thus, she prays for dismissal of the writ petition. 8. Having heard the learned counsel for the parties and on perusal of the writ petition papers, I am of the view that the petitioner would not be entitled for any relief in the present writ petition since she has failed to qualify in the Physical Endurance test for consideration of her case for selection and appointment as Assistant Linemen in pursuance of Recruitment Notice dated 03.03.2014 (Annexure-A). 9. In pursuance of the application of the petitioner for the post of Assistant Linemen, the petitioner was called for - 9 - NC: 2025:KHC:2491 WP No. 25408 of 2015 Physical Endurance Test. The Physical Endurance Test consisted of the following tests: 4. DAiÉÄÌ: 1. ªÉÄð£À ºÀÄzÉÝUÀ½UÉ DAiÉÄÌAiÀÄ£ÀÄß CºÀðvÁzÁAiÀÄPÀ «zÁåºÀðvÉAiÀÄ°èUÀ½¹gÀĪÀ ±ÉÃPÀqÁªÁgÀÄ CAPÀUÀ¼À ±ÉæõÀ×vÉ DzsÁgÀzÀ ªÉÄÃ¯É C¨sÀåyðUÀ¼À£ÀÄß DAiÉÄÌ ªÀiÁqÀ¯ÁUÀĪÀÅzÀÄ. 2. ¸ÀºÀ£À ±ÀQÛAiÀÄ ¥ÀjÃPÉëUÉ C¨sÀåyðUÀ¼À£ÀÄß CºÀðvÉ DzsÁgÀzÀ ªÉÄÃ¯É 1:5 gÀ C£ÀÄ¥ÁvÀzÀ°è PÀgÉAiÀįÁUÀĪÀÅzÀÄ. 3. ¸ÀºÀ£À ±ÀQÛ ¥ÀjÃPÉë ¸ÀªÀÄAiÀÄzÀ°è ¸ÀPÀëªÀÄ ªÉÊzÀåQÃAiÀÄ ¥Áæ¢üPÁjUÀ½AzÀ C¨sÀåyðUÀ¼À ªÉÊzÀåQÃAiÀÄ vÀ¥Á¸ÀuÉAiÀÄ£ÀÄß £ÀqɸÀ¯ÁUÀÄvÀÛzÉ. ¸ÀzÀj ªÉÊzÀåQÃAiÀÄ vÀ¥Á¸ÀuÉ ¸ÀªÀÄAiÀÄ°è C¨sÀåyðUÀ¼ÀÄ vÀȦÛPÀgÀ zÉúÀzsÁqÀåðªÀ£ÀÄß ºÉÆA¢gÀ¨ÉÃPÀÄ. 4. ¸ÀºÀ£À ±ÀQÛAiÀÄ ¥ÀjÃPÉëUÉ F PɼÀV£À ¸ÀëzsÉðUÀ¼À£ÀÄß ¤UÀ¢ü¥Àr¸À¯ÁVzÉ: C) 100 «ÄÃlgï Nl - 14 ¸ÉPÉAqïUÀ¼ÀÄ D) ¹Ì¦àAUï - MAzÀÄ ¤«ÄµÀzÀ°è 50 ¨Áj E) ±Ámï ¥sÀÄmï 12 ¥ËAqïUÀ¼ÀÄ - 8 «ÄÃlgï J¸ÉvÀ (3 CªÀPÁ±ÀUÀ¼ÀÄ) F) «zÀÄåvï PÀA§ ºÀvÀÄÛªÀÅzÀÄ - 8 «ÄÃlgï JvÀÛgÀ (PÀqÁØAiÀÄ) G) 800 «ÄÃlgï Nl - 3 ¤«ÄµÀUÀ¼ÀÄ In terms of the above, Climbing of Electric Pole was compulsory and out of other 3 Physical Endurance tests, it was necessary for a candidate to pass in 2 tests. The petitioner has failed to pass in two tests as stated in the statement of objections of respondent Nos.1 and 2. Hence, she was declared as not qualified for the post of - 10 - NC: 2025:KHC:2491 WP No. 25408 of 2015 Assistant Linemen. Moreover, statement of objection also indicates that cut off percentage for selection under Category-I was 86.28571% whereas the petitioner has obtained only 86.000%. As she was not within the cut-off percentage of marks, the petitioner was not selected. When the petitioner did not qualify for consideration of her case for selection and appointment of Assistant Linemen, going into the question of validity of Government Order dated 19.01.2013 exempting respondent Nos.1 and 2 from providing 30% reservation to women in the recruitment of Assistant Linemen would be of only academic in nature. 10. Proviso to Rule 9(1-B) of General Recruitment Rules empowers the State Government to exclude any service or post from the application of sub-rule (1-B). Before forwarding proposal to the State Government seeking exemption from providing 30% reservation to women candidates, respondent Nos.1 and 2 had taken up study through Institute of Social and Economic Change, Bangalore as to whether it would be feasible to provide - 11 - NC: 2025:KHC:2491 WP No. 25408 of 2015 30% reservation to women candidates to the post of Assistant Linemen. Be that as it may, as the question of going into validity of Government Order is academic in nature, the contentions with regard to validity of provisions of Government Order dated 19.01.2023 is to be decided in an appropriate case, hence it is kept open. 11. It is submitted that the selection process is completed by issuance of appointment orders during January 2015 itself. The petitioner has not made the selected candidates as parties to this proceedings. 12. For the reasons recorded above, there is no merit in the writ petition and accordingly, the writ petition stands rejected. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 4