IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No : 14101 of 2009 Between: G.Moses S/o. Paul O/o. Divisional Engineer ( Electrical ) Operation ), Northern Power Distribution company of A.P. Ltd., Nirmal, Adilabad District R/o. 7-3-585, Bhagyanagar, Nirmal ..... PETITIONER AND 1 The Divisional Engineer, Electrical, Operation, A.P.N.P.D.C.L., Nirmal, Adilabad District. 2 The Superintending Engineer Operation, A.P.N.P.D.C.L., Adilabad District. 3 The Northern Power Distribution Company of A.P. Ltd., Rep. by its Chief General Manager ( HRD ), Warangal. .....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 more in the nature of Mandamus declaring the impugned Lt.No. DEE / OP / NML / Adm / JAO /E2 / D.No. 174/09 dated 25.05.2009 issued by the 1st respondent as illegal, arbitrary, unjust and subversive of Articles 14, 16 and 21 of the Constitution and consequently hold that the petitioner is entitled for promotion to the post of Line Inspector on par with his juniors in terms of B.P.Ms.No. 362, dated 25.04.1988 with all consequential benefits. Counsel for the Petitioner:MR.D.LINGA RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court at the stage of admission made the following O R D E R: This Writ Petition is moved by a former Lineman of the Northern Power Distribution Company Limited, calling in question the validity of the order passed on 25th May 2009 by the Divisional Engineer of the said Company. It is pointed out through the impugned order that since the writ petitioner did not possess the necessary educational qualification of a pass in IX class, his case for promotion as a Line Inspector cannot be considered. Even on an earlier occasion, on 22nd November 1997, it has been pointed out by the respondents that a pass in IV form with six years practical experience in operation and maintenance or construction works for those who do not possess LEE qualification, is the pre-requisite qualification for the purpose of promotion to the post of Line Inspector. Learned counsel for the writ petitioner had placed strong reliance upon the orders passed by the Andhra Pradesh State Electricity Board through their B.P.M.S. No. 362, dated 25th April 1988, wherein the said Board directed that a pass in VII class Public Examination is to be treated as equivalent to pass in VIII class examination prior to 1968-69 under the scheme of SSLC/HSC for purposes of recruitments/promotions against the posts to which a pass in VIII class has been prescribed as a qualification. It was also pointed out by her that when the writ petitioner, in the company of another individual, has approached this Court and instituted Writ Petition No. 12650 of 1998, this Court, by its order, dated 26th July 2006, has disposed of the Writ Petition with a direction to the respondents to consider the claims of the petitioners in the light of the said B.P.M.S.No. 362, dated 25th April 1988 and to pass appropriate orders in accordance with law and, therefore, the present order passed on 25th May 2009 is in the teeth of the direction issued by this Court in the aforementioned judgment. I am afraid, that the contentions canvassed lack merit, for, what has been pointed out by the respondents is that the pre-requisite qualification for promotion of a Lineman to the post of Line Inspector is a pass in IX class. That position has not seriously been disputed by the learned counsel for the writ petitioner. If a pass in IX class or pass in IV form, as it used to be referred to when the Secondary School Leaving Certificate Examination (SSLC) or Higher Secondary Certificate (HSC) system was prevalent, is the pre-requisite qualification needed to be possessed apart from six years practical experience for all such candidates, who do not possess a diploma in Electrical Engineering (LEE), then the writ petitioner will have to establish that he possessed such a qualification. The admitted position is that he did not pass either IV Form or IX class examination. What all B.P.M.S.No. 362, dated 25th April 1988 would say is that, if the recruitment rules prescribed a pass in VIII class, as the requisite qualification, under the current system, where VII class common examinations are being conducted, a pass thereof is sought to be treated by the Board as the same as passing VIII class. Therefore, B.P.M.S.No. 362 will have applicability wherever the rules require the candidate to pass VIII class as the minimum required qualification. In the instant case, it has been repeatedly asserted on behalf of the respondents that the recruitment rule prescribes a pass in IX class or IV form as the case may be, but not VIII class, as the requisite qualification. Therefore, to my mind, B.P.M.S. No. 362, dated 25th April 1988 has no applicability to the present controversy. Without in any manner placing reliance upon the recruitment rules and without in any manner demonstrating that one is possessing the basic required qualifications set out therein, no candidate irrespective of the length of the service put in by him, can insist for consideration of his case for promotion. I, therefore, do not find any illegality in the impugned order and hence, the Writ Petition is dismissed at the stage of admission. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 15th July 2009 ksld ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1) 2 CD copies Form-NIC-OGS/WP{KSRANI}