LAWS(KAR)-2004-8-33

K SRINIVASA Vs. KARNATAKA ELECTRICITY BOARD

Decided On August 19, 2004
K.SRINIVASA Appellant
V/S
KARNATAKA ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) THIS petition is filed by one Srinivasa seeking a writ of certiorari to quash Annexure-F an endorsement dated 6. 6. 1998 in the matter of prescribing minimum marks for physical endurance test. Petitioner further prays to quash appointment order dated 6. 3. 1998 at Annexure-J issued to the fourth respondent and the order dated 8. 12. 1998 at Annexure-H issued to the third respondent. Petitioner also wants a direction to consider his case in the matter.

(2.) PETITIONER belongs to Meda community which is classified as Schedule Tribe in terms of annexure-A. He passed 7th standard examination obtaining 428 marks out of 600 marks. He worked in the Electricity Board for four months. First respondent wanted to fill up Probationary mazdoor in terms Annexure-D. Selection is governed by the Board's Regulations. Procedure-for appointment is prescribed in terms of Regulation 8 of the Regulations. Petitioner states that the respondents are required to provide weightage marks in terms of Annexure-D. Physical endurance Test is prescribed carrying 10 marks. Marks obtained in the above test have to be added to 75 per cent of the academic marks obtained by the candidate in 7th standard which is the qualifying examination in terms of the notification. He was called for interview. However, he was not selected in the matter. Petitioner states that though he did well in the endurance test he was awarded 4 marks out of 10, whereas, respondents 3 and 4 have been awarded 10 marks each in the said test. Since the petitioner did not obtain minimum of 5 marks in the endurance test he was not considered. Petitioner with these facts is before me.

(3.) RESPONDENTS have entered appearance. Respondent Board has filed statement of objections. Respondent No. 4 states that he is qualified and his appointment cannot be questioned by the petitioner. He has narrated the material facts.