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2025 DAILYLAW 68095 (KAR)

MR. RAVI v. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED

WP/17681/2021 · 2025-10-23

Ashok S Kinagi

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 17681 OF 2021 (S-RES) BETWEEN: MR. RAVI S/O MR. GURUSIDDAIAH AGED ABOUT 28 YEARS R/AT SHETTAHALLI VILLAGE SHETTAHALLI POST KIRUGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571430 …PETITIONER (BY SRI. SHIVAKUMAR U., ADVOCATE) AND: 1. KARNATAKA POWER TRANSMISSION CORPORATION LIMITED (KPTCL) HAVING ITS REGISTERED OFFICE AT CAUVERY BHAVAN KEMPEGOWDA ROAD, Digitally signed by SUNITHA K S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 BENGALURU CITY- 560 009 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 2. THE DIRECTOR (ADMIN AND HR) KARNATAKA POWER TRANSMISSION CORPORATION LTD., HAVING ITS REGISTERED OFFICE AT CAUVERY BHAVAN KEMPEGOWDA ROAD, BENGALUR CITY - 560 009 3. CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESCOM) HAVING ITS REGISTERED OFFICE AT NO. 29, VIJAYANAGARA ,2ND STAGE HINAKAL, MYSURU - 570017 REPRESENTED BY ITS CHAIRMAN AND MANAGING DIRECTOR 4. THE GENERAL MANAGER (ADMIN AND HR) CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESCOM) HAVING ITS REGISTERED OFFICE AT NO.29, VIJAYANARAGA, 2ND STAGE HINAKAL, MYSURU - 570017 …RESPONDENTS (BY SRI. VIKRAM UNNI RAJAGOPAL., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT/LETTER DTD.16.6.2021 ISSUED BY THE R-3 AND R-4 i.e., CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED (CESCOM) WHICH IS PRODUCED AT ANNEXURE-M AND QUASH THE MEDICAL REPORT ISSUED BY THE MEDICAL BOARD KRISHNA RAJENDRA HOSPITAL MYSURU DATED 08.06.2021 PRODUCED HEREIN ALONG WITH THE COVERING LETTER ISSUED BY THE R-3 CHAMUNDESHWARI ELECTRICITY SUPPLY CORPORATION LIMITED i.e, THE CESCOM DATED 08.07.2021 PRODUCED AT ANNEXURE-N 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 ASHOK S.KINAGI ORAL ORDER This writ petition is filed seeking following reliefs: "a. Issue Writ of Certiorari, Quashing the Endorsement/Letter dated: 16.06.2021, issued by the third and the fourth respondents i.e... Chamundeshwari Electricity Supply Corporation Limited., [CHESCOM], Vide No. No.Pra.Vya (Aa and Maa.Som)/UPraVya/ SaPraVya/vya/kaa-604/2021-22/3846-48 which is produced at Annexure 'M' to this Writ Petition. - 4 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 b. Issue Writ of Certiorari quashing the Medical report issued by the Medical Board, Krishna Rajendra Hospital, Mysuru, dated: 08.06.2021, vide No. Kru.Raa Aa /MyMo/04/2021-22, produced herein along with the covering letter issued by the third respondent Chamundeshwari Electricity Supply Corporation Limited., I.e., the CHESCOM, Sl.No. Pravya(Aa&Maa.Som)/UPraVya /SaPraVya/Vya/HI.SA-2/R.T.I.-13/2021-2/5160, dated: 08.07.2021, produced at Annexure 'N' to this Writ Petition. c. Issue Writ of Mandamus, directing the respondents three and four, Chamundeshwari Electricity Supply Corporation Limited., [CHESCOM], to employ the petitioner as Junior Engineer (Electrical), under the General Merit - Physically Handicapped (GM-PH) category in accordance with the earlier Employment Notification No.KPTCL/B16/40360/2016-17, dated: 08.09.2016, produced at Annexure - 'A' to this Writ Petition on the basis of the Medical Reports produced at Annexure 'G', Annexure 'H' and Annexure -'Q' to this Writ Petition; and d. Issue such other Writ or Order or Direction as this Hon'ble Court deems fit to grant under the facts and circumstances of the case, in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 2. Brief facts leading rise to the filing of this petition are as follows: 2.1. Respondent No.1 issued a notification on 08.09.2016 and Corrigendum dated 11.03.2019, inviting applications for the post of Assistant Executive Engineer, Assistant Engineer, Assistant Accounts Officer, Junior Engineer, Assistant and Junior Assistant. Pursuant to the said notification, the petitioner submitted an application for the post of Junior Engineer (Electrical) and in furtherance of which, the petitioner underwent medical test, wherein he has been declared that he is not suitable for the post of Assistant Engineer. The petitioner, aggrieved by the inaction on the part of the respondents in not selecting the petitioner, filed this writ petition. 3. Respondents No.3 and 4 have filed a statement of objections contending that, the petitioner has a disability of both lower limbs, and he is not considered for the appointment under PH (physically handicapped) quota - 6 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 and his candidature was rejected. It is contended that, vide notification dated 21.11.2020 issued by respondents No.1 and 2, the recruitment under employment notification dated 25.02.2020 has been cancelled due to administrative reasons. Respondents No.3 and 4 have produced the copy of the notification dated 21.11.2020 issued by respondents No.1 and 2. 4. Heard the arguments of learned counsel for the petitioner, and learned counsel for respondents No.3 and 4. 5. Learned counsel for the petitioner submits that, pursuant to the notification issued by respondent No.1, the petitioner has applied for the post of Junior Engineer (Electrical). He submits that, his name was shown in the provisional list. Subsequently, he has been asked to appear before the Medical Board. During before Medical Board, they have opined that the petitioner is suffering from disability of both lower limbs. He submits that, as per - 7 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 Annexure-Q, the petitioner suffers from disability of only right lower limb, not both. He submits that, the respondents, without considering Annexure-Q, have issued an endorsement. Hence, on these grounds, he prays to allow the writ petition. 6. Per contra, learned counsel for respondents No.3 and 4 submits that, the respondents have cancelled the recruitment notification vide notification dated 21.11.2020 due to administrative reasons. In view of the cancellation of recruitment notification, the writ petition filed by the petitioner is not maintainable. He also submits that, the petitioner suffers from a disability of both lower limbs. Hence, the petitioner is not eligible for the said post and that the respondents have rightly issued an endorsement. Hence, on these grounds he prays to dismiss the writ petition. 7. Perused the records and considered the submissions of the learned counsel for the parties. - 8 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 8. There is no dispute that the respondents have issued a recruitment notification inviting an application for the post of Assistant Engineer, Junior Engineer etc. Pursuant to the recruitment notification, the petitioner had applied for the post of Junior Engineer (Electrical). The petitioner was selected and his name was reflected in the provisional list, and thereafter, the petitioner was directed to appear before the Medical Board. Pursuant to the direction issued by the respondents, the petitioner appeared before the Medical Board and after the medical examination, it was found that the petitioner has suffered disability of lower limb of both the legs. As per the notification, the PH quota is allotted only to the disability of one leg and not to both the legs. The Medical Board, after having examined the petitioner, had opined that the petitioner had a disability of both the lower limbs. The petitioner is ineligible to be selected under PH quota for the post of Junior Engineer (Electrical). Although the petitioner has produced Annexure-Q which discloses that - 9 - HC-KAR NC: 2025:KHC:42059 WP No. 17681 of 2021 the petitioner suffers from disability of right lower limb, subsequently, respondents No.1 and 2 have withdrawn the recruitment notification. Under recruitment notification dated 25.02.2019 vide withdrawal notification dated 21.11.2020. As the respondents have withdrawn the initial recruitment notification, in view of the same, nothing survives for consideration in this writ petition. Therefore, the writ petition has become infructuous. 9. In view of the above discussion, I proceed to pass the following: ORDER i. The writ petition is dismissed as having become infructuous; ii. Liberty is reserved to the petitioner to challenge Annexure-R2, if so advised. Sd/- (ASHOK S.KINAGI) JUDGE PA CT:KHV List No.: 1 Sl No.: 43