IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 17422 of 2006 Between: A. Ravindranatha Reddy, S/o. A. Sambasiva Reddy, Viroopakshanagar, Near to Market Yard, Gooty Raod, Ananthapur. ..... PETITIONER AND 1 A.P. TRANSCO, rep by its Chairman and Managing Director, Vidyut Sodha, Hyderabad. 2 A.P.TRANSCO(APCPDCL), Ananthapur, rep.by its Superintending Engineer, Operation, Circle, Ananathapur. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, declaring the action of the respondents in not considering the representation of the petitioner dt.5-7-2006 wherein petitioner requested the respondents to consider his case for permanent absorption and insisting on ITI electrical qualification for the post of Junior Lineman on yearly contract basis without dispensing the same to the petitioner by virtue of the petitioner already being , illegal, arbitrary and violative of Articles 14 and 19 of the Constitution of India and consequently direct the respondents to consider the application of the petitioner for the post of Contract Junior Lineman advertised in the notification published the daily newspapers, in view of his previous service as a contract labour and also having gone through interview conducted by the respondent on earlier occasion, without insisting on the qulification of ITI Electrical and pass such other order or orders. Counsel for the Petitioner: MR.M.VISWANADHAM Counsel for the Respondents: MR.P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 17422 of 2006 O R D E R : Heard Sri G. Vidya Sagar, learned Standing Counsel for the respondents. This Writ Petition has been instituted by a former contract labour engaged by the A.P.TRANSCO seeking a declaration that the action of the respondents in not considering the candidature of the writ petitioner on the ground that he does not possess I.T.I. (Electrical) qualification for the post of Junior Lineman as bad. The writ petitioner has obtained his B.Com degree from Sri Krishnadevaraya University, Anantapur. He complains that his candidature has not been considered only on the ground that he does not possess the technical qualification of I.T.I. (Electrical). The respondent – AP TRANSCO is a public authority on whom certain statutory functions and duties have been conferred and, therefore, it has to carry on its business keeping the larger public interest in view and consideration. Employing the personnel without having appropriate qualifications, particularly in risk and hazard prone areas of operation, can lead to disastrous consequences. The post of Junior Lineman is one such where the employee might be required to perform certain duties and functions that essentially require knowledge to distinguish between safe and unsafe standards at work place. Therefore, requiring the personnel to possess certain elementary technical qualifications, such as I.T.I. (Electrical) cannot be construed or characterized as an arbitrary or unfair practice. Therefore, I do not find any justifiable ground to entertain this Writ Petition. The Writ Petition is accordingly, dismissed, but however, if the writ petitioner is able to satisfy the respondents that he has possessed the necessary technical qualifications, his case may be considered, without in any manner being influenced by the observations made in this Writ Petition. No costs. __________________________________ (NOOTY RAMAMOHANA RAO, J.) 22nd June, 2009. lmv/ksld THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.17422 of 2006 22-06-2009 lmv