Facts
The appellant, employed as a Conductor with KSRTC, was selected through an internal recruitment process for the post of Establishment Supervisor.
Source reference: no citationThe prescribed qualification included a bachelor’s degree and a Diploma in Personnel Management and Industrial Relations from a university established by law, along with computer knowledge.
Source reference: p. 5KSRTC issued a show-cause notice stating that the appellant’s diploma was not from an institution recognized or accredited by UGC, AICTE, AIU or DEC.
Source reference: p. 3–6After considering his reply, KSRTC removed his name from the select list; his appeal against that decision was rejected.
Source reference: p. 3–6The learned Single Judge dismissed his writ petition and imposed costs of Rs. 25,000. The appellant challenged that order in this writ appeal.
Source reference: p. 4–5Issues
1. Whether the appellant’s diploma, issued by the Council for Eradication of Scientific and Technical Illiteracy, satisfied the qualification prescribed for appointment as Establishment Supervisor.
Source reference: p. 5–62. Whether the direction requiring the appellant to pay Rs. 25,000 in costs should be set aside.
Source reference: p. 6–7Law Applied
The Court applied the qualification prescribed in the employment notification: a bachelor’s degree and a Diploma in Personnel Management and Industrial Relations from a university established by law, with computer knowledge.
Source reference: p. 5It also considered the requirement stated in the show-cause notice that the diploma be from an institution recognized or accredited by UGC, AICTE, AIU or DEC.
Source reference: p. 5–6The appeal was brought under Section 4 of the Karnataka High Court Act.
Source reference: no citationNo precedent or broader legal doctrine was cited.
Source reference: no citationReasoning
The Court found that the appellant’s certificate was issued by the Council for Eradication of Scientific and Technical Illiteracy, and there was no contention that the Council had accreditation from UGC, AICTE, AIU or DEC.
Source reference: p. 6Although the certificate was not found to be fake or fraudulent, that fact did not establish that it met the notification’s qualification requirements.
Source reference: p. 6–7The Court therefore upheld the removal of the appellant’s name from the select list.
Source reference: p. 6However, because there was no allegation that the certificate was fake or fraudulent, it considered the costs unwarranted.
Source reference: p. 6–7Holding
The Court upheld the learned Single Judge’s conclusion that KSRTC’s orders were not liable to interference, but set aside the direction requiring the appellant to pay Rs. 25,000 in costs.
The appeal was disposed of.
Source reference: p. 7Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
KARNATAKA HIGH COURT ACT, 19611
Original Court PDF
SRI NIZAR AHAMED KvsTHE DIRECTOR
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
