IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 OP (CAT).No. 2542 of 2011(Z) ---------------------------- OA.560/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONERS/RESPONDENTS 2 & 3 ------------------------------------------------- 1. THE ADMINISTRATOR, UNION TERRITORY OF LAKSHADWEEP. KAVARATTI. 2. THE DIRECTOR OF EDUCATION, UNION TERRITORY OF LAKSHADWEEP, KAVARATTI. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN RESPONDENTS/APPLICANT ------------------------ 1. SAJITHA BEEGUM.C.P., D/O. P.KOYA, CHAMMANAMPALLI HOUSE, KALPENI ISLAND, UT OF LAKSHADWEEP-682557. 2. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, MINISTRY OF HUMAN RESOURCES DEPARTMENT, NEW DELHI-110002. ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA FOR R2 THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 04/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF AMENDED O.A. NO.560/2009. P2: TRUE COPY OF REPLY STATEMENT FILED BY PETITIONER HEREIN. P3: TRUE COPY OF COMMON ORDER PASSED BY THE CAT IN O.A. NO.560/2009 DT.25.1.2011. P4: TRUE COPY OF JUDGMENT PASSED BY THIS HON'BLE COURT IN WPC NO.7679/2010. TRUE COPY P.S. TO JUDGE C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ. .................................................................... O.P.(CAT) No.2542 of 2011 .................................................................... Dated this the 4th day of August, 2011. JUDGMENT Ramachandran Nair, J. The O.P.(CAT) is filed by Lakshadweep Administration challenging the order of the CAT directing the petitioner to consider first respondent for appointment as Physical Education Teacher. The case of the petitioner is that the first respondent does not have the qualification prescribed under the notification, even though she is a Post Graduate in Physical Education with M.Phil, because the qualification required is double graduation, one of which should be in Physical Education. The CAT found that the Post-graduate Degree in Physical Education with M.Phil is equivalent or more than a graduation in Physical Education. We are in complete agreement with the finding of the CAT because in our view, the higher qualification in the same subject should be treated as equivalent to the basic qualification and 2 we, therefore, do not find any merit in the O.P. Accordingly the same is dismissed. C.N.RAMACHANDRAN NAIR Judge P.S.GOPINATHAN Judge pms