This application challenged the State Administrative Tribunal's jurisdiction in a recruitment dispute. The Court held the Tribunal's decision to restrict jurisdiction to Delhi, based on the recruitment notification and precedent, was justified and not illegal.
The original petition is dismissed as the Tribunal's decision on jurisdiction is justified.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
THURSDAY,THE 07TH DAY OF MARCH 2019/16TH PHALGUNA, 1940
OP (CAT)No. 70 of 2019
AGAINST THE ORDER DATED 22.02.2019 IN OA 180/00118/2019
OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/APPLICANT:
JERIN N.J.,AGED 31 YEARS, S/O.LATE JOHN N.A., NELLISSERY HOUSE, NARAKKAL P.O., KOCHI – 682 505.
BY ADVS. SRI.LIJU.V.STEPHEN KUM.PRIYANKA JOSE SMT.INDU SUSAN JACOB
RESPONDENTS/RESPONDENTS:
1 UNION OF INDIA REPRESENTED BY ITS SECRETARY, GOVT. OF INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, NEW DELHI – 110 001.
2 KENDRIYA VIDYALAYA SANGATHAN, 18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI – 110 016, REPRESENTED BY ITS COMMISSIONER.
SRI.P.VIJAYAKUMAR-ASG
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(CAT) No.70/2019
2
JUDGMENT
Chitambaresh, J.
The grievance pertains to the interview held at Bhopal, Madhyapradesh for recruitment to the post of Post Graduate Teacher in Kendriya Vidyalaya Sangathan, New Delhi. Clause 33 of Annexure A5 notification is to the following effect:
“33. Any dispute with regard to this recruitment shall be subject to the court having its jurisdiction in Delhi only.”
The Tribunal was therefore justified in holding that the petitioner has only to move the court/tribunal at Delhi and not in Kerala. The tribunal has adverted to the decision of the
Gujarat High Court in Krishna Indukumar Thakar v. Kendriya Vidyalaya Sangathan in this regard.
The original petition is dismissed.
Sd/-
V. CHITAMBARESH JUDGE
Sd/- A.M. BABU JUDGE
ncd
OP(CAT) No.70/2019
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE MEMORANDUM FILED BY PETITIONER IN O.A NO.180/00118/2019 ON THE FILES OF HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
ANNEXURE A1 TRUE COPY OF THE CERTIFICATE OF M.SC. APPLIED CHEMISTRY ISSUED BY MAHATMA GANDHI UNIVERSITY. ANNEXURE A2 A TRUE COPY OF THE CERTIFICATE OF B.SC. CHEMISTRY ISSUED BY MAHATMA GANDHI UNIVERSITY. ANNEXURE A3 A TRUE COPY OF THE PROVISIONAL CERTIFICATE OF B.ED. ISSUED BY KERALA UNIVERSITY ANNEXURE A4 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY ST.PAUL'S COLLEGE, KALAMASSERY, ERNAKULAM ANNEXURE A5 A TRUE COPY OF THE NOTIFICATION (ADVERTISEMENT NO.14) ISSUED BY THE 2ND RESPONDENT
ANNEXURE A6 A TRUE COPY OF THE ADMIT CARD ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT
ANNEXURE A7 A TRUE COPY OF THE RELEVANT PAGE OF THE LIST OF CANDIDATES SHORT LISTED FOR INTERVIEW FOR THE POST OF PGT(CHEMISTRY)
ANNEXURE A8 A TRUE COPY OF THE COMMUNICATION DATED 25.01.2019 ISSUED BY THE 2ND RESPONDENT
ANNEXURE A9 A TRUE COPY OF THE TRAIN BOOKING MADE BY APPLICANT
ANNEXURE A10 A TRUE COPY OF THE ORDER DATED 05.01.2009 ISSUED BY THE MAHATMA GANDHI UNIVERSITY
OP(CAT) No.70/2019
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| ANNEXURE A11 | A TRUE COPY OF THE EQUIVALENCY CERTIFICATE ISSUED BY MAHATMA GANDHI UNIVERSITY |
|---|---|
| ANNEXURE A12 | A TRUE COPY OF THE VERIFICATION CERTIFICATE ISSUED BY KERALA PUBLIC SERVICE COMMISSION. |
| EXHIBIT P2 | A TRUE COPY OF THE DATED 22.02.2019 IN O.A NO.180/00118/2019 ON THE FILES OF HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH. |
RESPONDENTS' EXHIBITS : NIL
2 issues framed by the court
Whether the Tribunal was justified in holding that disputes over recruitment to Kendriya Vidyalaya Sangathan are subject to Delhi jurisdiction only as per the notification.
Whether the impugned order of the Tribunal is perverse or illegal warranting interference by this Court.
Colour shows how this judgement treated each authority
Krishna Indukumar Thakar v. Kendriya Vidyalaya SangathanReferred¶24
Krishna Indukumar Thakar v. Kendriya Vidyalaya Sangathan
1 provisions across 1 enactments
Jerin N.J.
Union of India
Kendriya Vidyalaya Sangathan
V. Chitambaresh
A.M. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
