IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 OP (CAT).No. 604 of 2011(S) --------------------------- OA.578/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS ------------------- 1. M.N.NANDANAN,S/O.M.NARAYANANKUTTY NAIR, TELECOM MECHANIC,H.R.NO.199413263,BHARAT SANCHAR NIGAM LIMITED,TELEPHONE EXCHANGE,VALACODE. 2. JANAKY.V.K,W/O.V.T.THANKAPPAN, TELECOM MECHANIC,H.R.NO.199313812,BHARAT SANCHAR NIGAM LIMITED,TELEPHONE EXCHANGE,AYAVANA. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SMT.RASHMI RAVINDRAN RESPONDENTS: --------------- 1. THE ASSISTANT MANAGER(R&E),OFFICE OF THE PRINCIPAL GENERAL MANAGER TELECOM,ERNAKULAM, BHARAT SANCHAR NIGAM LIMITED-682031. 2. THE CHIEF GENERAL MANAGER TELECOM, BHARAT SANCHAR NIGAM LIMITED,KERALA CIRCLE, TRIVANDRUM-33. 3. BHARAT SANCHAR NIGAM LIMITED,REP.BY THE CHAIRMAN & MANAGING DIRECTOR,CORPORATE OFFICE, STATEMAN HOUSE,BHARATHAMBA ROAD,NEW DELHI-1. 4. UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT MINISTRY OF TELECOMMUNICATIONS,NEW DELHI-1. R1-3 BYADV. SRI.P.C.IYPE,SC,BHARAT SANCHAR NIGAM LT R1 BY SRI.C.K.JAYAKUMAR, CGC THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: A.K. BASHEER & P.Q. BARKATH ALI, JJ. ---------------------------------------------- OP(CAT) No.604 of 2011 ----------------------------------------------- Dated this the 5th day of April, 2011 JUDGMENT A.K.Basheer, J. Petitioners are working as Telephone Mechanics in Bharath Sanchar Nigam Limited ( for short BSNL). On October 26, 2009 a notification was issued by the BSNL inviting applications from eligible candidates to participate in the Limited Departmental Competitive Examination (LDCE) for selection to the vacancies available to the post of Telcom Technical Assistant under 40% departmental quota earmarked for the Kerala Circle during the recruitment year 2008. 2. One of the eligibility conditions stipulated in the notification was that the candidate should have passed 10 + 2 examination on or before July 1, 2008. Since admittedly the petitioners did not have the requisite educational qualification, their applications were not considered and they were not called for the LDCE. The petitioners therefore approached the Central Administration Tribunal, Ernakulam Bench praying for a declaration that the cut-off date of July 1, 2008 stipulated in the notification was only for the purpose of counting the service of OP(CAT) No.604 of 2011 2 five years in the Recruitment Rules and that the said stipulation would not be applicable in the case of the petitioners. Therefore, the petitioners prayed for issue of necessary direction to the authority concerned consider the petitioners also for promotion after allowing them to participate in the LDCE. 3. The Tribunal after considering the rival contentions of the parties took the view that the stand taken by the department in rejecting the claim made by the petitioners was justified and accordingly the Original Application was dismissed. The said order is under challenge in this Original Petition filed under Section 226 of the Constitution of India. 4. Admittedly, the petitioners passed 10 + 2 examination only in May-June 2009. In other words, they did not possess the requisite educational qualification as on the cut-off date; viz July 1, 2008. It has to be remembered that the notified vacancies related to the recruitment year 2008. Therefore, the contention raised by the petitioners that they ought to have been allowed to participate in the LDCE, ignoring the cut-off date cannot be entertained at all. In that view of the matter the Tribunal was justified in dismissing the Original Application. 5. It is pointed out by Sri.K.Mohanakannan, learned counsel for the petitioners that pursuant to an interim order passed by OP(CAT) No.604 of 2011 3 the Tribunal petitioners had participated in the examination and they were ranked at 5 and 19 respectively. It is further pointed out by him that as against 66 vacancies which were available, there were only 30 applicants. Out of them, only 19 had passed the test. It is thus contented by the learned counsel that no prejudice will be caused to any other candidate or employee in the Department, if the petitioners are also included in that zone of consideration for promotion. We are afraid, the above contention is wholly untenable. 6. It may be true that the Tribunal permitted the petitioners to participate in the LDCE. It may yet again be true that they obtained a decent rank. But that does not mean that they should be brought within the zone of consideration for promotion on the strength of the said interim order. While passing the interim order the Tribunal had made it clear that it was only an ad- interim measure, subject of course, to the final result of the case. As has been noticed already, the recruitment related to the year 2008. But the petitioners became eligible to write the LDCE only in 2009. Therefore, petitioners cannot, as of right, insist that they should also be considered for promotion to the post of Telecom Technical Assistant under the promotion quota for the recruitment year 2008. OP(CAT) No.604 of 2011 4 7. In any view of the matter, we do not find any reason to interfere with the order passed by the Tribunal. However, on a direction issued by us, the BSNL has reported that the next LDCE is likely to be conducted only after the recruitment process under the SC/ST quota and the Direct recruitment quota is completed. It is further reported that it may be “premature to ascertain the date for conducting next LDCE”. 8. However, keeping in view the entire facts and circumstances of the case, we are satisfied that BSNL can be directed to expedite the process of recruitment. It has to be kept in mind by the authorities that there is a huge back log in completing promotions/recruitments. Admittedly, departmental promotion for the year 2008 is now being completed. In other words the recruitment process for the years 2009 and 2010 is yet to commence. In that view of the matter we are satisfied that BSNL can be directed to hold next LDCE as early as possible at any rate on or before December 31, 2011. We do so. The Original Petition is disposed of with the above directions. A.K.BASHEER, JUDGE. OP(CAT) No.604 of 2011 5 P.Q.BARKATH ALI, JUDGE. rkc