V. MANJUNATH Vs. CONTROLLER OF LEGAL METROLOGY

JUDGEMENT

(1.) Since the issue in all these petitions relates to the very same circulars which have been relied on by the parties herein, the petitions are taken up for consideration together and disposed of by this common order. For the purpose of narration of facts, the facts as pleaded in W.P. Nos. 2338 and 2339 of 2011 is referred.

(2.) The petitioners claim that they are holders of licence to repair weights, measures and weighing instruments etc. issued by the first respondent. In that regard, the provisions contained in the Standards of Weights and Measures (Enforcement) Act, 1985 is referred to. On the advent of Electrical and Electronics weighing machines, an additional requirement was provided for the purpose of repairing such machines. In this regard, since a skilled worker certificate was required under the earlier notification dated 1-3-2010, the petitioners who did not possess such qualification were at a disadvantage for the purpose of renewal of their licences for the said purpose. Taking note of this difficulty, the respondent issued the circular dated 13-8-2010 wherein certain benefit was provided even in respect of such licensees to enable them to acquire training from the Government Tool Room and Training Centre (for short, "GT and TC"). In that view, the petitioners herein underwent the said course and obtained certificates from the GT and TC. In that circumstance, when the petitioners sought for grant of licence in that regard the petitioners were intimated that their request cannot be considered in view of the subsequent circular dated 30-8-2010. Since the request of the petitioners for grant of licence to repair Electrical and Electronic weighing machines are denied on that basis, the petitioners are before this Court.

(3.) The official respondent has filed the objection statement. The action in that regard is sought to be justified. It is contended that as per the circular dated 1-3-2010 (Annexure-R4 to the objection statement), the requirement is not satisfied by the petitioners. It is the contention of the respondents that the circular dated 1-3-2010 provides for the education qualification as well as ITI training certificate. Insofar as the concession granted by the notification dated 13-8-2010, it is the case of the respondents that such benefit has been withdrawn by the subsequent circular dated 30-8-2010 and the petitioners cannot seek for any relief in the instant petitions.