MAHADEV Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners whose services are engaged by the State under the Uniform Drinking Water Quality Monitoring Protocol of the Central Government through a contractor are calling in question the change of qualifications of Chemists brought about by the respondent-Commissioner in variance with the "suggested qualifications" of the Central Government.

(2.) The learned counsel for the petitioners vehemently contends that the Central Government in terms of its Monitoring Protocol, at Annexure-A had suggested "desirable qualification" for Laboratory staff at paragraph 5.4.2, wherein a graduation in Science with Chemistry is stated to be desirable for the persons working as Senior Chemists; in terms of that, the respondent-State Government had issued the Terms of Reference (TOR), at Annexure-B, wherein paragraph 6 mentions the desirable qualification namely B.Sc. (Chemistry) with experience of two or three years.

(3.) Pursuant to this qualification requirement, the petitioners were enlisted by the contractor since they possess the said qualification and that they have been working since last about four years or so; that being so, the 2nd respondent-Commissioner vide Guidelines dated 06.12.2018, at Annexure-C has altered the required qualifications; the same reads as under: <FRM>JUDGEMENT_359_LAWS(KAR)3_2019_1.html</FRM>