The High Court dismissed a petition filed by a pharmacist challenging the Kerala Administrative Tribunal's order that declined interference due to the exhaustion of a rank list and significant delay. The court emphasized lack of tenable ground for interference.
Petitioner's original petition failed and stands dismissed.
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 P.R.RAMACHANDRA MENON &
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
FRIDAY, THE 12TH DAY OF AUGUST 2016/21ST SRAVANA, 1938
OP(KAT).No. 101 of 2016 (Z)
AGAINST THE ORDER IN OA 2149/2014 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 04.02.2015
PETITIONER(S)/APPLICANT:
SAJIDA K. AGED:36 YEARS, W/O ABDUL NAZER, ALUKKAL UGRAPURAM PO-673639, ARECODE, MALAPPURAM DISTRICT BY ADVS.SRI.P.SAMSUDIN SRI.JITHIN LUKOSE
RESPONDENT(S): --------------
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 12-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT).No. 101 of 2016 (Z) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS ----------------------EXHIBIT:P1 TRUE COPY OF THE OA 2149/14 ON THE FILES OF KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM ALONG WITH ITS ANNEXURE EXHIBIT:P2 TRUE COPY OF THE REPLY STATEMENT IN OA 2149/14 ON THE FILES OF KERALA ADMINISTATIVE TRIBUNAL THIRUVANANTHAPURAM EXHIBIT:P3 TRUE COPY OF THE ORDER DT. 4/2/15 IN OA 2149/14 ON THE FILES OF KERALA ADMINISTRATIVE TRIBUNAL THIRUVANANTHAPURAM EXHIBIT:P4 TRUE COPY OF THE ORDER DT 2.6.16 ISSUED BY THE KERALA STATE MINORITY COMMISSION RESPONDENT(S)' EXHIBITS : NIL -----------------------
/TRUE COPY/
P.A. TO JUDGE
P.R. RAMACHANDRA MENON &
ANIL K. NARENDRAN, JJ.
JUDGMENT
Ramachandra Menon, J.
The applicant in O.A. No. 2149 of 2014 of the Kerala Administrative Tribunal at Thiruvananthapuram is the petitioner before this Court. Grievance is in respect of non-reporting of available vacancies by the concerned respondent to the PSC and the lapse on the part of the PSC in advising the candidates on time, which has adversely affected the rights and interests of the petitioner herein.
O.P. (KAT) No. 101 of 2016
: 2 :
direction to be given to the departmental authorities to report the vacancies to the PSC and in turn to advise the candidates, facilitating appointment of the petitioner by virtue of his position in the rank list.
O.P. (KAT) No. 101 of 2016
: 3 :
In what way the Minority Commission is having jurisdiction over the matter is not explained. If at all the petitioner was aggrieved of orders passed by the Tribunal, the appropriate remedy, as made clear in L.Chandrakumar Vs. Union of India [(1997) 3 SCC 261], was only by approaching this Court. This exercise was not done then and there and the petitioner has moved this Court only belatedly. We do not find any tenable ground to call for interference .
Original petition fails and the same stands dismissed.
sd/-
P. R. RAMACHANDRA MENON, JUDGE
sd/-
ANIL K. NARENDRAN,
JUDGE
kmd
/True copy/
P.A. to Judge
2 issues framed by the court
Whether the High Court should interfere with the Kerala Administrative Tribunal's order declining the appellant's plea to report vacancies.
Whether the inordinate delay of over a year in approaching the High Court justifies granting relief.
Colour shows how this judgement treated each authority
L. Chandrakumar vs. Union of IndiaReferred¶33
L.Chandrakumar Vs. Union of India [(1997) 3 SCC 261] · Who else cites this
Sajida K.
The District Officer Kerala Public Service Commission
The District Medical Officer (Health)
P.R. Ramachandra Menon
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
