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