IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 OP (CAT).No. 824 of 2010(S) --------------------------- OA.800/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER ------------------------------ DILEEP KUMAR M.P., MALAMEL HOUSE, PANNIYANKARA P.O., VADAKKANCHERRY, PALAKKAD DISTRICT, KERALA - 678 683. BY ADV. SRI.JAYKAR.K.S. SRI.ARUN.B.VARGHESE SMT.M.RAMYA RAMACHANDRAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT, NEW DELHI. 2. THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 3. STAFF SELECTION COMMISSION, SOUTHERN REGION, 2ND FLOOR, EVK SAMPATH BUILDINGS, COLLEGE ROAD, DPI CAMPUS, CHENNAI - 600 006. 4. CENTRAL BUREAU OF INVESTIGATION, HEAD OF BRANCH, IST FLOOR, BLOCK NO/4, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 5. VIJAY KRISHNA PATHAK, ROLL NO:0901040019, RANK NO: SL 01 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 6. NEETU SINGH, ROLL NO:0901041123, RANK NO: SL 03 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. OP(CAT) NO.824/2010 7. THARUN GOYAL, ROLL NO:0901040052, RANK NO: SL 04 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 8. SHANTI BUSHAN, ROLL NO:0901040054, RANK NO: SL 09 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 9. DINESH KUMAR SHARMA ROLL NO:0901040859, RANK NO: SL 17 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 10. NAVIN KUMAR GIRI ROLL NO:0901040678, RANK NO: SL 5 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 11. VINEET KUMAR, ROLL NO:0901040793, RANK NO: SL 10 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 12. AMJAD ALI, ROLL NO:0901040053, RANK NO: SL 12 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. 13. JAINUDDIN ANSARI, ROLL NO:0901040896, RANK NO: SL 14 REPRESENTED BY AND NOTICE SERVED THROUGH THE STAFF SELECTION COMMISSION, NORTHERN REGION, BLOCK NO.12, 5TH FLOOR, CGO COMPLEX, LODHI ROAD, NEW DELHI - 110 504. THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- OP(CAT) No.824 of 2010 --------------------------------- Dated, this the 23rd day of November, 2010 J U D G M E N T Ramachandran Nair, J. Order under challenge in this OP(CAT) is an interim order passed by the Central Administrative Tribunal modifying an earlier stay order passed by it. 2. Petitioner's grievance is that those who were not originally considered on account of defect in applications are also being considered, which led to his going below in the rank list prepared for selection. On going through the Tribunal's order, we find that some applicants were not considered initially for want of certificate of 3 years' practice in the BAR, which those candidates later produced. Therefore, they were considered for selection. 3. We do not find anything wrong in the Tribunal's order modifying the stay order, because prima facie, the petitioner could not establish that the selection given to two others in the quota reserved for physically handicapped persons was wrongly done. So OP(CAT) No.824/2010 -2- much so, we reject the OP(CAT). However, the Tribunal shall examine whether the selection is done in a just and fair manner in the course of final hearing of the matter, and it will be open to the Tribunal to consider grant of appropriate relief, if the petitioner is eligible. This OP(CAT) is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg