Karnataka High Court
WA/5/2024 of THE MANAGING DIRECTOR Vs TUKARAM on 8 July 2026
NC: 2026:KHC:34444-DB WA No. 5 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 5 OF 2024 (S-KSRTC) BETWEEN: 1. THE MANAGING DIRECTOR K.S.R.T.C. NO. 115,
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 5 OF 2024 (S-KSRTC)
BETWEEN:
1.
THE MANAGING DIRECTOR
K.S.R.T.C.
NO. 115, K.H. ROAD,
SHANTHINAGAR,
BANGALORE-560 027.
2.
THE CHIEF PERSONNEL MANAGER
(RECRUITMENT)
K.S.R.T.C.
NO. 115, K.H. ROAD,
SHANTHINAGAR,
BANGALORE-560 027.
…APPELLANTS
(BY Ms. H.R.RENUKA., ADVOCATE)
AND:
1.
TUKARAM
S/O. CHANDRA,
AGED ABOUT 35 YEARS,
R/O. GIRISH NAGAR,
JAMAKHANDI TALUK,
BAGALKOT DISTRICT.
2.
STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
COLLEGE AND TECHNICAL EDUCATION
Digitally
signed by
VASANTHA
KUMARY B K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
DEPARTMENT,
NO. 645, 6TH FLOOR, M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
3.
SECRETARY TO GOVERNMENT
SKILL DEVELOPMENT ENTREPRENEURSHIP
LIVELIHOOD DEPARTMENT,
ROOM NO. 347, 3RD FLOOR, GATE NO.
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
4.
THE UNDER SECRETARY
EDUCATION DEPARTMENT,
M.S. BUILDING,
DR. AMBEDKAR VEEDHI,
BANGALORE-560 001.
…RESPONDENTS
(BY SRI. M.N.SUDEV HEGDE, AGA FOR R2 - R4; R1 SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, PRAYING TO ALLOW THIS APPEAL AND SET
ASIDE THE ORDER DATED 13.04.2023 IN WP No.3573/2019 IN
SO FAR AS IT RELATES TO THE PORTION OF THE ORDER
DIRECTING TO CONSIDER THE CASE OF PETITIONER No.3 FOR
APPOINTMENT IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
HC-KAR
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present intra Court appeal has been filed impugning the judgment and order dated 13.04.2023 passed by the writ Court in W.P.No.3573/2019 (S-KSRTC) by the 1st respondent herein and two others.
2. Despite the service of notice in the appeal, the 1st respondent is not represented to contest the appeal filed by the Karnataka State Road Transport Corporation (for short 'the Corporation').
3. The appellant/Corporation had issued Notification dated 06.01.2016 calling upon eligible candidates for making selection and recruitment to the posts of non-Supervisory and Mechanical Department. The 1st respondent claiming to be eligible for appointment to the said post submitted application in pursuance to the said notification. The 1st respondent's name figured in the provisional list of the selected candidates. However, during verification of the documents, the Corporation rejected the claim of the 1st respondent herein on the ground that Diploma in Tool and Die Making technology provided by
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the Government was not equivalent to the Diploma in Mechanical Engineering.
4. Smt. H.R. Renuka, learned counsel appearing for the appellants submits that the Notification dated 06.01.2016 calling applications from the eligible candidates for making recruitment would specifically provide that for the post of Assistant Storekeeper, the candidate must have passed 3 years Diploma in Mechanical or Automobile Engineering from the recognized Institution. The qualification prescribed was very specific, and it did not mention any equivalent qualification. Therefore, as per the Government Notification dated 18.03.2005 even if the Diploma in Tool and Die Making is to be treated as equivalent to Diploma in Mechanical Engineering, the same would not be of any benefit to the 1st respondent inasmuch as the qualifications were fixed i.e., three years Diploma in Mechanical Engineering or Automobile Engineering. Admittedly the 1st respondent did not have diploma either in Mechanical Engineering or Automobile Engineering and therefore, having Diploma in Tool and Die Making Technology would not make him qualify for the post. It is thus, submitted
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that the impugned judgment and order is unsustainable and liable to be set aside.
5. When questioned, the learned counsel for the Corporation that as to whether the Corporation can ignore the direction for the Notification issued by the Government or the Corporation is bound by any direction or notification issued by the Government?
6. Learned counsel for the appellant does not dispute the fact that Corporation would be bound by any such direction as may be issued by the State Government. When the Government itself has clarified that Diploma in Tool and Die Making would be equivalent to the Diploma in Mechanical Engineering and Automobile Engineering, we do not find that the 1st respondent would not be qualified for the post of Assistant Store Keeper. Thus we dismiss this writ appeal.
7. The Corporation is directed to issue notice to the 1st respondent calling upon him to report to duty for the post of Assistant Store Keeper within a period of three weeks from the date of issuance of the notice. In case he does not report for duty, it would be deemed that he has abandoned the claim and
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not interested in joining the duty. In case the 1st respondent joins duty for the said post, he would be entitled for salary etc., from the date of reporting to duty. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
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