BENGALURU: Allowing a batch of petitions filed by aspirants for the Motor Vehicle Inspector post, challenging orders passed by the Karnataka State Administrative Tribunal rejecting their applications on the ground of not having experience in Heavy Goods Vehicles (HGVs) and Heavy Passenger Vehicles (HPVs) with petrol engines, the Karnataka High Court directed the Commissioner of Transport to issue appointment orders to them if their names are found in the revised final select list dated October 26, 2023.
Such candidates shall be entitled to all benefits, including seniority on par with candidates who were appointed pursuant to the revised final list, in accordance with law, a division bench of Justice R Devdas and Justice K Manmadha Rao ordered.
Noting ambiguity in prescribing the requisite experience, the court said there can be different interpretations of the provision, but it cannot be read to mean that a candidate must possess work experience of at least one year in all three types of vehicles -- Light Motor Vehicle, HGV and HPV, fitted with petrol and diesel engines.
When there is ambiguity or vagueness in the relevant provision prescribing qualifications, then the benefit should be given to the candidates instead of rejecting them, the court said.
On the question whether the tribunal is right in accepting the contention of the Karnataka Public Service Commission and Transport Commissioner and declining to appoint the selected candidates on the ground that their experience certificates disclose that they do not have the experience of working on HGVs and HPVs having petrol engines, the court said for the past several decades there have not been petrol vehicles in the HGV and HPV category in India. The statement made in the certificates issued by state-owned corporations is a blatant lie, court observed.