Sri. Narayanaswamy and Others vs The Managing Director, The Director (Personnel) and The Chief Personal Manager (Recruitment)

Dilip B. Bhosale, J.—Heard learned counsel for the parties. The petitioners in the present writ petitions seek the following reliefs:

(i) Issue a writ of certiorari quashing the Notification bearing No. 4/2012, dated 06.12.2012 issued by the 3rd respondent insofar as it relates to prescribing the qualifications for the post of Asst. Administrative Officer vide Annex-F to the writ petition.

(ii) Issue a writ of mandamus directing the respondent to consider the representations of the petitioners dated 18.01.2013, 23.01.2013, and 31.01.2013 vide Annexures H, J & K and consequently, direct to prescribe the post graduate degree in M.S.W. and M.B.A. as the minimum qualification for the posts of Assistant Administrative Officer and Labour and Welfare Officer.

Respondent No. 3 vide notification dated 06.12.2012, invited applications from in-service candidates for the posts of Assistant Administrative Officer (Grade-II) and Labour and Welfare Officer. In response to the advertisement, the petitioners applied for the said posts, being in-service candidates. They also appeared for the examination which was held in May, 2013 for their selection as in-service candidates.

In this back drop, I have examined the challenge to the Notification dated 06.12.2012. The challenge is solely on the ground that the qualification prescribed in the Notification dated 06.12.2012 for the posts of Assistant Administrative Officer and Labour and Welfare officer is not consistent with the Notification dated 13.07.2011. By this Notification (13.07.2011), the qualification prescribed for direct recruitment is Masters degree in Social work/Business Administration with Specialization in Personal Management/Human Relations.

Learned counsel for the petitioners, submitted that the impugned Notification discriminates in-service candidates who hold Masters degree in the said subjects. The impugned Notification issued for the in-service candidates prescribes only a Bachelor''s Degree from University established by law and not the Masters degree as prescribed vide Notification dated 13.07.2011.

In reply to this, submission, learned counsel for the respondents invited my attention to the Karnataka State Road Transport Corporation (In-service Recruitment) Scheme, 1997 and submitted that for in service candidates, the minimum educational qualification prescribed is Bachelor''s Degree.

Petitioners hold Master degree and in view thereof, they have prayed for prescribing Post Graduate Degree in MSW and MBA as minimum qualification for the said posts even for in-service candidates recruitment. The petitioners have not challenged the scheme of 1997 in the present writ petitions. Apart from that, for in service candidates as a policy, the respondents have prescribed Bachelor''s degree as the minimum qualification for the posts of Assistant Administrative Officer (Grade-II) and Labour and Welfare officer. I do not find any reason to interfere with such policy decision taken by the respondents. That apart, the petitioners, as a matter of fact, lost their right to challenge the Notification dated 06.12.2012 once having appeared for the examination in response to the Notification for their selection to the posts of Assistant Administrative Officer (Grade-II) and Labour Welfare officer. In the circumstances, I find no merit in the writ petitions. Petitions are dismissed.