Electrical Contractors Association vs State of Uttarakhand and Others

Sudhanshu Dhulia, J. (Oral)

Petitioner is a society of contractors engaged in electrical works in the State of Uttarakhand. Petitioner is aggrieved with the notification dated

10.10.2016 issued by the Energy Department of Uttarakhand Government. By the impugned notification, the State Government has notified that there

shall be three classes of Licenced Electrical Contractors, namely, Class ‘A’, Class ‘B’ (Scope M.V. and Scope H.V.) and Class

‘C’. The person holding ‘A’ Class licence shall be eligible to undertake all types of electrical installation works of Low, Medium, High

and Extra High voltage installation in the entire State. The person holding ‘B’ Class licence along with ‘Scope M.V.’ shall be eligible to

undertake all types of electrical installation works of Low and Medium voltage installation (maximum up to 650 volt) in the entire State, while the

person holding ‘B’ Class licence along with ‘Scope H.V.’ shall be eligible to undertake all types of electrical installation works of Low,

Medium and High voltage installation (maximum up to 11000 volt). The person holding ‘C’ Class licence shall be eligible to undertake all types

of electrical installation works of only Low voltage installation (maximum up to 250 volt) within the district for which the licence has been issued to

him.

In view of this Court, the above categorization is absolutely rational. A classification is permissible under Article 14 of the Constitution of India so long

as it is reasonable and has a nexus with the objects sought to be achieved. The classification done here makes these categories of works ‘A’,

‘B’ and ‘C’ in descending order as per the nature of the work which is practical and reasonable and hence requires no interference.

There is no merit in this writ petition. It is hereby dismissed.