High Court Kerala High Court

The Administrator vs Zulfikar Ali on 31 May, 2010

Kerala High Court
The Administrator vs Zulfikar Ali on 31 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18701 of 2007(S)


1. THE ADMINISTRATOR,
                      ...  Petitioner
2. THE DIRECTOR OF EDUCATION,
3. UNION OF INDIA, REP. BY THE SECRETARY,

                        Vs



1. ZULFIKAR ALI,
                       ...       Respondent

2. IRSHAD BHEEGAM M.P.,

                For Petitioner  :SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN

                For Respondent  :SRI.O.V.RADHAKRISHNAN (SR.)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :31/05/2010

 O R D E R
       THOTTATHIL B.RADHAKRISHNAN
        & S.S.SATHEESACHANDRAN, JJ.
       ---------------------------------------
              W.P.(C).No.18701 of 2007
       ---------------------------------------
      Dated this the 31st day of May, 2010

                    JUDGMENT

THOTTATHIL B.RADHAKRISHNAN, J.

The Union Territory of Lakshadweep

has prescribed “B.Sc. Degree having Zoology and

Chemistry as main subjects” and an additional

qualification as an equivalent qualification

for the purpose of being considered for

appointment to the category of ‘Fisheries

Teacher’ in its service. It issued a

notification inviting applications. The

respondents, who possess B.Sc. Degree in

Zoology from the University of Calicut, filed

the original application contending that they

possess B.Sc. Degree with Zoology as the main

subjects, yet they are entitled to be

considered.

2. Before the Tribunal they pressed

into service the finality of an earlier

judgment of the Tribunal issued in

W.P.(C).No.18701 of 2007

:: 2 ::

O.A.No.385/03. The Tribunal, agreeing with its

earlier order and the views expressed therein,

directed the establishment to consider the

applicants also by relaxing the qualification.

3. Having heard learned counsel on

both sides, we do not deem it necessary to go

into any of the issues arising for decision, as

to the correctness of the impugned order of the

Tribunal, including as to whether it has been

issued in excess of jurisdiction or whether the

prescription of qualification is sustainable.

This is because the establishment has reported

that all the candidates, who appeared for the

competitive test following notification,

including the applicants, failed. Not only

that, with the passage of time, the

establishment has amended the recruitment rule.

With these two facts situation, there can be a

recruitment only on a notification being issued

in terms of the amended recruitment rules. To

facilitate this, we direct that the impugned

W.P.(C).No.18701 of 2007

:: 3 ::

judgment of the tribunal will stand set aside,

in terms of what is stated above.

However, without stating anything

regarding its merits, the writ petition is

disposed of.

Sd/-

(THOTTATHIL B.RADHAKRISHNAN)
JUDGE

Sd/-

(S.S.SATHEESACHANDRAN)
JUDGE

sk/

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