V SUMESH Vs. KERALA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) HEARD learned counsel for the appellant as well as learned Standing Counsel for the Kerala State Electricity Board and Kerala Public Service Commission.

(2.) IT is not in dispute that the appellant herein was a holder of ITI qualification in the trade of Electrician. It is also not in dispute that he was a trade apprentice in Kerala State Electricity Board. The appellant approached the learned Single Judge seeking the following relief claiming benefit based on the judgment of the Apex Court at Ext.P3:

(3.) IT has to be a unanimous decision by the authorities concerned to give preference either to all the trainees or certain percentage of the apprentice trainees. Even otherwise, when the process of selection involves necessary qualification and other consideration, trainee apprentices must satisfy those requisite qualification and then, at the most, in the viva or at the end of the selection process they may at the most give some weightage to the trainee apprentices. In the absence of any amendment to the recruitment rules as such, the Electricity Board cannot be found fault with. Even Public Service Commission cannot implement, in the absence of any such recruitment rules. The judgment of the Apex Court seems to be in the year 1995. If there was violation of any positive direction, someone would have already preferred a contempt. The judgment only indicates suggestions and guidelines and they cannot be considered as directions. In that view of the matter, we are of the opinion, the learned Single Judge was justified in rejecting the writ petition. Accordingly, we dismiss the writ appeal.