The High Court · 2025

the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to allow the petitioner for pole climbing test in the third spell of the forthcoming pole climbing test to be conducted by the respondent in the month of July, 2019 lA NO: 1 OF 2024 Between: 'l . The Chairman and Managing Director, Northern Powcr Distribution Company 2. The Chierf General Manager (HRD) Northern Powe' Distribution Company Limited, \/idyut Bhavan, Warangal, Telangana State. Limited, \/idyut Bhavan, Warangal, Telangana State-

3. The Superintending Engineer Operations/District Sele:tion Committee, Junior Lineman, Northern Power Distribution Company Limited, Warangal , Waranga! District, Telangana State. AND ...PETITIO \ERS/RESPONDENTS lMohammad lsmail, S/o Late Khaja l\/iya Aged 35 yee rs, Occ. lnterviewed as Junior Lineman, Hall Ticket No.5935243, Fi"/o H.No.2-'10-875, SBH Colony, Subedari Hanamkonda, Warangal Urban District, Telangana. ...PETII IONER/RESPONDENT Petition under lsection 151 CPC praying that in the circu nstances stated in the affidavit filed ir support of the writ petition, the High Co rd may be pleased to vacate the interim order passed on 28.10.2019 in l.A. No. 1 of 2019 in W.P. No. 13030/20'19 and dismissed the writ petition as the same is jevoid of merits Counsel for the Petitioner : SRl. D. L. PANDU (NOT PRESENT) Counsel for the Respondents: SRI A. CHANDRA SHAKEtI ( SC FOR NPDCL) The Court made the following: ORDER (^l ORDER: THE HON' BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.13030 ot zOLg The petitioner completed l0thclass in 1998 from Government Bapuji High School, Kishanpura, Hanamkonda, and has also passed lTl qualification in Electrical Trade during 2OOO-2OOZ from Ekasila lTC, Jangaon. He responded to Notification No. 0712OL8, dated L6.O2.2OI8, issued by the respondents for direct recruitment of 2553 Junior Lineman posts in Northern Power Distribution Company Limited, and appeared for the written examination on 08.04.2018 and secured 37 marks, which is below the prescribed qualifying mark of 40% for the OC category as per the notification. The notification stipulated a written test for 80 marks, with qualifying thresholds of 4O%o for OC, 35% for BC, and 30% for SC/ST categories, followed by a pole climbing test for eligible candidates in a 1:1 ratio. Weightage marks were accorded to in-service contract and outsourced workers employed in TS Power Utilities at 1 mark per 180 days of continuous service, subject to conditions including a minimum of six months' continuous service, non-disruption exceeding 180 days, and relevance of the role to JLM or equivalent. The petitioner, though initially unsuccessful in the pole climbing test, was called for the second spell conducted on 21.06.2079 at the Northern Power Training lnstitute, Mulugu Road, Warangal, but was unable to participate due to a motorbike accident on 20.06.2019, which 2 wp_13030_2019 NBK,I resulted in injuries requiring medical treatment at iri Rama Hospital, Hanamkonda, and bed rest for one week. Despite making an oral request for extension of time to participate in the test, the petitioner's plea was not considered. Subsequenl.ly, the petitioner sought consideration for participation in the thirc spell of the pole climbing test, reportedly held in July 2019, as a slrecial case due to medical incapacity, however, his request was not cc nsidered.

2. None appeared for the petitioner. Heard Mr. {. Chandrasekhar, learned Standing Counsel for Telangana Northern F'ower Distribution Company Limited for respondents. Perused the record.

3. Learned Standing Counsel, basing on the counter affidavit, contends that the petitioner participated in the written examination held on 08.04.2018, and was included in the secord merit list after the results were declared on 25.05.2018. lt is strted that a large number of candidates failed the pole climbing tesI conducted from 18.01.2019 to 02.02.2019. The petitioner was isr;ued a call letter dated 13.06.2019 to attend the pole climbing tr:st scheduled on

21.06.2019, with a clear stipulation in Clause 4 tha:failure to attend on the specified date would result in disqualification and forfeiture of any claim for appointment. The petitioner, howeve,', failed to appear for the pole climbing test on 22.06.2OL9 and orally requested for change of schedule, which was not acceded to in view of explicit terms of the call letter. Subsequently, a third merit ist was prepared, ". .\ -'ir""'.'dq''.v -l-li*+rpa"a7 ... , .r::. ,. e,. ,/ ,// ,// /-. 3 wp_13030,2019 NSK, J and the pole climbing test was conducted again on 18.07.2019, after which appointment orders were issued to the selected candidates on 06.09.2019, thereby completing the recruitment process. The respondent further submits that the petitioner, having defaulted in appearing for pole climbing test for three times, filed W'P' No' 16603 of 2079 wherein interim direction dated 19.10.2023 was issued directing to permit the petitioner to appear in case fourth phase of the pole climbing test is proposed to be conducted. Learned Standing Counsel further submits that the petitioner, either due to alleged accident or personal problems, failed to appear for pole climbing test conducted on the earlier three occasions for recruitment under the said Notification, thereby he himself forfeited his candidature and became ineligible for further consideration as per clause 4 of the call Letter dated 13.06.2019. Therefore, having invited the petitioner to attend the pole climbing test consecutively on three occasions, with a rider that non-attendance will render them ineligible for further consideration, the petitioner cannot seek indulgence of this Court for further consideration, and hence the writ petition is liable to be dismissed.

4. Considering the submissions made, it may be noted that on 22.06.2019, Call Letters were issued intimating the candidates about the pole climbing tesu however, since large number of candidates either failed to appear for the test or failed to climb the pole, a third merit list was prepared and pole climbing test was conducted on l t / / \ 4 wp 13030_2019 N8K, ] f')

18.07.2079, and appointment orders were issuel to the selected candidates on 06.09.2019. Further, it is specified lt paragraph No.4 of the Call Letters that if the candidate fails to att€ nd for the test on the scheduled date, he would be disqualified and will not have any right of appointment as Junior Lineman against the said notification as per the Rules.

5. ln that view of the matter, the petitioner having not complied with the conditions of Call Letter for pole :limbing test on 13.06.2019, which entails rejection of candidature in case of non- attendance, cannot seek equities having defaulted to comply with the instructions for selection and appointment. Trerefore, the writ petition is liable to be dismissed.

6. Accordingly, the interim order dated writ petition is dismisserl. No costs. The

28.I0.2079 stands vacated. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// SDi. L. VIJAYA LAXMI t;rsrerur REGISTRAR \s I SECTION OFFICER --r PANDU, Advocate [OPU ANDRA SHAKER ,( SC FO R N''DCL) TOPUC] i I I I i I I I i i I To,

1. One CC to SRl. D. L. 2. One CC 1.o SRl. A. CH 3. Two CD ,lopies \ B IVI JGJP 1 r 't I HIGH COURT DATED:2610312025 ORDER WP.No.13030 of 2419 /,, 1t :). + 'l$zt 12 stP I i 1: r,i"-t.'.):a:z --::==::-:=-/ DISMISSING THE WRIT PETITION WITHOUT COSTS u