IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 OP (CAT).No. 415 of 2010(Z) --------------------------- OA.828/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: -------------------- PRATHEESH.B., KUTTIKKADU HOUSE, KAIMANAM, PAPPANAMCODE, THIRUVANANTHAPURAM-695018. BY ADV. SRI.MANOJ RAMASWAMY SMT.K.G.SAROJINI RESPONDENTS: --------------- 1. THE CHIEF GENERAL MANAGER, O/O.CGM TELECOM, KARNATAKA CIRCLE, NO.1, S.V.ROAD, HALASURU, BANGALORE-8. 2. THE PRINCIPAL GENERAL MANAGER, O/O.THE PRINCIPAL GENERAL MANAGER, D.K.TELECOM DISTRICT, MANGALORE-575 001. 3. THE DEPUTY GENERAL MANAGER (ADMIN), O/O.PRINCIPAL GENERAL MANAGER TELECOM, D.K.DISTRICT, MANGALORE-1. 4. THE ASSISTANT GENERAL MANAGER (S & A), O/O.PRINCIPAL GENERAL MANAGER TELECOM, D.K.DISTRICT, MANGALORE-1. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TELECOMMUNICATIONS, NEW DELHI-1. ADV. SRI.K.KESAVANKUTTY, SC, BSNL THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(CAT) NO.415/2010 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE O.A.NO.828/2010 FILED BEFORE THE C.A.T. EXT.P2: COPY OF THE ORDER IN O.A.NO.828/2010 DT.27.9.2010. RESPONDENT'S EXTS: EXT.R1(a): RECRUITMENT RULES OF TTAs 2001 (DATED NEW DELHI, 27th July, 2001) ISSUED BY BSNL, NEW DELHI, VIDE NO.250-41/2001-PERS-III DT.27.7.2001. EXT.R1(b): NOTIFICATION INVITING APPLICATIONS FOR DIRECT RECRUITMENT OF TTAs FOR THE RECRUITMENT YEAR 2008 (R&E/2-82/DR-TTA-2008/66 DT.7TH NOVEMBER 2008) BY CGMT BSNL KARNATAKA CIRCLE, BANGALORE, WITH INSTRUCTIONS AND GUIDELINES & PAPER ADVERTISEMENT. EXT.R1(c): THE LIST OF CANDIDATES SELECTED FOR THE UNFILLED 15 VACANCIES OF MANGALORE SSA, DECLARED BY BSNL KARNATAKA CIRCLE VIDE NO.R&E/2-82/DRTTA 2008 DT.11TH SEPTEMBER, 2009. EXT.R1(d): WAIT LIST OF 10 QUALIFIED CANDIDATES FOR MANGALORE SSA. EXT.R1(e) PETITIONER LETTER DT.11/05/2010 SEEKING INFORMATION UNDER RTI ACT REGARDING VACANCY POSITION OF MANGALORE SSA FOR VARIOUS YEARS AND INFORMATION FURNISHED BY BSNL THEREON. EXT.R1(e): COPY OF THE LIST OF 3 SELECTED CANDIDATES WITH COVERING LETTER DT.21.03.2009 AT THE RESPONDENTS. EXT.R1(f): COPY OF LETTER NO.250-2/2009-Pers.III DT.01.6.2009 OF THE OFFICE OF BSNL. EXT.R1(g): COPY OF LETTER No.25003/2010-Pers.III(I)DT.21.5.2010 OF THE CORPORATE OFFICE OF BSNL. EXT.R1(h): COPY OF THE NOTIFICATION NO.R&E/2-82/DR/TTA/SRD/2010/27 DT.25.9.2010 OF KARNATAKA CIRCLE OF BSNL. EXT.R1(i): COPY OF THE LIST OF SELECTED CANDIDATES, WITHOUT APPLYING RELAXATION STANDARDS FOR THE POST OF TTA MAINTAINED BY THE RESPONDENTS (MANGALORE, SSA) O.P.(CAT) NO.415/2010 EXT.R1(j): COPY OF LIST OF SELECTED CANDIDATES FOR THE POST OF TTA AFTER APPLYING RELAXED STANDARD FOR THE POST OF TTA (MANGALORE S.S.A) MAINTAINED BY THE RESPONDENTS. EXT.R1(k): COPY OF THE LIST OF WAITLISTED CANDIDATES FOR THE POST OF TTA, MANGALORE S.S.A. MAINTAINED BY THE RESPONDENTS. EXT.R1(l): COPY OF THE LIST OF QUALIFIED AND SELECTED CANDIDATES UNDER 10% ABSORPTION QUOTA AND 40% QUOTA (TOTAL 50%) IN RESPECT OF THE EXAMINATION HELD ON 25.7.2010 IN MANGALORE SSA, MAINTAINED BY THE RESPONDENTS. //TRUE COPY// PA TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. --------------------------------------- O.P.(CAT)No.415 OF 2010 --------------------------------------- Dated this the 22nd day of August, 2011 J U D G M E N T ~~~~~~~~~~~ C.N.Ramachandran Nair, J. This Original Petition is filed challenging the order of the Central Administrative Tribunal declining to direct the respondents to give appointment to the appellant to the post of Telecom Technical Assistant (TTA). The post of TTA is filled up 50% through direct recruitment and balance 50% through promotion. The petitioner is an applicant in the direct recruitment quota and since the petitioner did not get appointment on account of being ranked number 2 in the wait list, the petitioner approached the C.A.T. saying that open quota vacancies are filled up through promotions to defeat the claim of direct recruitees. The C.A.T. however rejected the claim holding that no vacancy exists for appointment in the direct recruitment quota. When petitioner contested the position canvassed by the respondents, we directed the respondents to file statements about the pattern in which the vacancies has been filled up. Standing counsel filed statements which show that only three persons were qualified in the merit quota and O.P.(CAT) No.415/2010 2 therefore they diluted the minimum requirement for qualification in the written test and accordingly 15 more were selected, in which also the petitioner does not figure. In fact, all the 18 selected, that is, three in the first round and 15 in the second round are already appointed. Petitioner is second in the wait list prepared by the BSNL. The first in the wait list is also not appointed and consequently, the petitioner cannot claim that anyone is appointed from the wait list. It is also seen from the statement that the post reserved for promotions are filled up with departmental candidates. However, counsel for the petitioner apprehends that 50% vacancies earmarked for direct recruitment will be filled up by the promotees. As of now, we have not found any violation by making appointment against quota norms. The learned standing counsel submitted that since list has expired, without making fresh selection no appointment could be made. We, therefore, do not find any merit in the O.P. (CAT). Accordingly, the same is dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) ( P.S.GOPINATHAN, JUDGE) ps/23/8