In a review petition challenging a judgment directing appointment as Junior Lecturer, the court rejected arguments that subsequent qualification changes rendered the petitioner ineligible and dismissed the claim that an offer for Studio Assistant satisfied regularization.
1298 of 2008 is rejected. The original judgment is maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930
RP.No. 1298 of 2008(C)
---------------------AGAINST THE JUDGEMENT/ORDER IN WPC.18930/2008 Dated 21/10/2008
REVIEW PETITIONER(S)/RESPONDENTS IN WP(C):
BY SHRI.A.J.VARGHESE, GOVERNMENT PLEADER
RESPONDENT(S) / PETITIONER IN WP(C):
ANTONY.P.K., PANAKKAL HOUSE CHARIYAMTHURUTHU, VARAPPUZHA.P.O.
SHRI.P.SREEKUMAR
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ANTONY DOMINIC, J.
R.P.No.1298 of 2008 in W.P.(C) No.18930 of 2008
Dated this the 9th day of December, 2008
O R D E R
The writ petition was disposed of by the judgment dated 21/10/2008 directing the 2nd respondent to offer appointment to the petitioner as Art Instructor (now re-designated as Junior Lecturer) in implementation of Ext.P2. It has been held in the judgment that at the time of Ext.P2, the petitioner was qualified for the post, and therefore, the change in the qualifications subsequently introduced by the Special Rules, which came into force with effect from 19/03/2008, will not adversely affect the claim of the petitioner.
R.P.No.1298/2008
-2-
absence of processing the qualifications as prescribed in the Special Rules, the petitioner is ineligible to be considered for the post of Art Instructor (Junior Lecturer).
The review petition is, accordingly, rejected.
(ANTONY DOMINIC, JUDGE)
jg
3 issues framed by the court
Whether the contention regarding subsequent changes in qualifications prescribed by the Special Rules warrants review in a review petition.
Whether an offer of appointment as Studio Assistant satisfies the claim for reappointment and regularization to the post held on a provisional basis.
Whether the qualification relevant for the petitioner is the one as it stood when the Government Order (Ext.P2) was issued.
1 provisions across 1 enactments
STATE OF KERALA, REP. BY SECRETARY HIGHER EDUCATION DEPARTMENT
DIRECTOR OF COLLEGIATE EDUCATION
PRINCIPAL R.L.V. COLLEGE OF MUSIC AND FINE ARTS
ANTONY.P.K.
SHRI.P.SREEKUMAR
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
