- 1 - NC: 2025:KHC:112 WP No. 39819 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.39819 OF 2018 (S-RES) BETWEEN: SRI. B. PRASANNA, S/O. K.BOMMAIAH, AGED ABOUT 40 YEARS, RESIDENT OF BUKKAMBUDHI VILLAGE, DEVAREDDYHALLI POST, CHALLAKERE TALUK, CHITRADURGA DISTRICT - 527 529. …PETITIONER (BY SRI.H.MALATESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF INDUSTRIES AND COMMERCE, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:112 WP No. 39819 of 2018 2. THE MANAGING DIRECTOR, KARNATAKA SOAPS AND DETERGENT LIMITED (A GOVERNMENT OF KARNATAKA UNDERTAKING), NO.27, INDUSTRIAL SUBURB, BENGALURU-PUNE HIGHWAY, RAJAJINAGAR, BENGALURU - 560 055. …RESPONDENTS (BY SRI.B.R.PRASHANTH, ADVOCATE FOR SRI. RAVI & SMT. SUNITHA, ADVOCATES FOR R2; SRI.V.SHIVAREDDY, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 18.7.2018 ISSUED BY R-2 AT ANNEXURE - M; DIRECT R-2 TO ISSUE APPOINTMENT ORDER IN FAVOUR OF THE PETITIONER TO THE POST OF GROUP-III WORKER (SKILLED) WELDER IN PURSUANCE TO THE NOTIFICATION DATED 9.2.2016 VIDE ANNEXURE -A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.G.PANDIT - 3 - NC: 2025:KHC:112 WP No. 39819 of 2018 ORAL ORDER The petitioner is before this Court under Article 226 of the Constitution of India, with a prayer to quash Annexure-M, Endorsement dated 18.07.2018 and Notifications at Annexures- N and O dated 07.01.2019 and 13.06.2019, under which Notification dated 26.02.2016 was cancelled and applications to fill up the post of Group-III Worker (Welder) are invited afresh. 2. Heard Sri. H.Malatesh, learned counsel for the petitioner and Sri. B.R.Prashanth, learned counsel for Sri. Ravi and Sunitha, learned counsels for respondent No.2 as well as Sri. V.Shivareddy, learned Additional Government Advocate for respondent No.1. Perused the writ petition papers. 3. Learned counsel for the petitioner would submit that the petitioner possesses qualification of SSLC with ITI Certificate in welding and in pursuance to Annexure-A, Notification dated 09.02.2016, applied for the post of Group- III, Worker (Skilled) Welders in respondent No.2-Karnataka Soaps & Detergents Limited (for short 'KS & DL'). Learned counsel would further submit that subsequently, the said Notification was withdrawn and in terms of Annexure-O dated - 4 - NC: 2025:KHC:112 WP No. 39819 of 2018 13.06.2019, fresh applications were invited to fill up Group-III Worker (Welder) post and it was noted that the persons, who have applied in pursuance to the earlier/first Notification need not apply afresh. Learned counsel would point out that under fresh Notification (Annexure-O) dated 13.06.2019, qualification prescribed was Diploma in Mechanical Engineering for the post of Group-III, Worker (Welder). It is submitted that the petitioner had participated in the selection process and respondent No.2 could not have changed the qualification during the course of selection and could not have rejected candidature of the petitioner. Learned counsel further submits that the action of respondent No.2 is violative of Articles 14 and 16 of the Constitution of India, apart from unreasonable. Thus, he prays for allowing the writ petition. 4. Learned counsel for respondent No.2 submits that first Notification dated 09.02.2016 was contrary to KS&DL Staff & Workers (Non Officers) Cadre Recruitment & Promotion Rules, 2012 (for short '2012 Rules'). He submits that in terms of the said 2012 Rules, Degree/Diploma is the qualification for Group-III, Worker (Welder) skilled category in the Technical Departments of respondent No.2. As the first Notification was - 5 - NC: 2025:KHC:112 WP No. 39819 of 2018 contrary to 2012 Rules, the said Notification was withdrawn and fresh Notification was issued. Further, he submits that the persons, who had applied in pursuance to the first Notification who had qualification in terms of 2012 Rules were not required to apply afresh. In pursuance to the first Notification, persons who had qualification in terms of 2012 Rules were considered for selection. Further, he submits that in pursuance to the Notification dated 13.06.2019, selection is already completed and appointments were made on 02.08.2019. Thus, learned counsel would submit that the persons who are appointed are not parties to the present writ petition. It is submitted that as the petitioner would not possess required qualification and as the petitioner has not made necessary parties to the writ petition, the writ petition is liable to be dismissed. 5. 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 as prayed in the writ petition. 6. In terms of 2012 Rules, Group-III Worker (welder) falls under skilled worker category. In terms of Rule 7.3 of - 6 - NC: 2025:KHC:112 WP No. 39819 of 2018 2012 Rules, the qualification prescribed is Degree/Diploma for Group-III Skilled Category in the Technical Department. Admittedly, the petitioner would not possess the qualification of Diploma in Welding. The petitioner possesses qualification of SSLC with ITI certificate in welding and does not possess requisite qualification of Diploma in Welding. Thus, the petitioner would not be entitled for consideration of his case for appointment as Group-III Worker (Welder). 7. The contention of the petitioner is that in the first Notification, the qualification mentioned for the post of Group- III Worker (Skilled Welder) is SSLC with ITI Certificate and in subsequent Notification; the qualification stated was Diploma in Mechanical Engineering, which amounts changing the Rule during the process of selection. The said contention cannot be accepted in view of 2012 Rules. The first Notification dated 09.02.2016 was contrary to 2012 Rules. The mistake committed under Annexure-A, Notification dated 09.02.2016 was corrected and qualification of Diploma in Mechanical Engineering was stated in terms of 2012 Rules under Annexure-O, Recruitment Notice dated 13.06.2019, which cannot be found fault with. Moreover, as submitted by learned - 7 - NC: 2025:KHC:112 WP No. 39819 of 2018 counsel for respondent No.2, selection process has already complete and appointments were made on 02.08.2019. The petitioner has not made selected candidates/parties as respondents to the present writ petition. Unless the affected persons are before this Court, the prayer of the petitioner cannot be considered. In light of the above, writ petition stands dismissed. Sd/- (S.G.PANDIT) JUDGE SMJ List No.: 1 Sl No.: 57