IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 30125 of 2009(S) -------------------------- OA.690/2009 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. BHARATH SANCHAR NIGAM LTD., REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, STATESMAN BUILDING, NEW DELHI-11001. 2. THE DIRECTOR, HUMAN RESOURCES DEVELOPMENT, BSNL, STATESMAN BUILDING, NEW DELHI-11001. 3. THE GENERAL MANAGER(PERSONNEL), BSNL, STATESMAN BUILDING, NEW DELHI-11001. BY ADV. SRI.P.C.IYPE,SC,BHARAT SANCHAR NIGAM LT RESPONDENT(S): --------------- 1. ALL INDIA B.S.N.L. EXECUTIVE'S ASSOCIATION, REP. BY SECRETARY, ERNAKULAM S.S.A. BRANCH, ERNAKULAM, T.K.MANGALANANDAN, SUB DIVISIONAL ENGINEER, O/O.PRINCIPAL GENERAL MANAGER, BSNL, ERNAKULAM. 2. P.KRISHNA MOHAN, SUB DIVISIONAL ENGINEER(O), TELEPHONE EXCHANGE, MANJAPRA, ANGAMALY, ERNAKULAM. 3. P.M.DAMODARAN, SUB DIVISIONAL ENGINEER(O), B.S.N.L.MOBILE SERVICE, CATHOLIC CENTRE, ERNAKULAM, KOCHI-31. 4. SHAJI P.S., SENIOR ACCOUNTS OFFICER, O/O.PGMT, CATHOLIC CENTRE, ERNAKULAM. WP(C).No. 30125 of 2009(S) : 2 : 5. P.G.SURESH, ACCOUNTS OFFICER, O/O.PGMT, BSNL, BSNL BHAVAN, KALATHIPARAMBIL ROAD, KOCHI-16. 6. BIJU GOPAL, JUNIOR ACCOUNTS OFFICER, B.S.N.L., BSNL BHAVAN, KALATHIPARAMBIL ROAD, KOCHI-16. 7. MANOJ C.SEKHAR, SENIOR ACCOUNTS OFFICER, B.S.N.L., O/O.PGMT, CATHOLIC CENTRE, ERNAKULAM. 8. MURALEEDHARAN T.K., SENIOR ACCOUNTS OFFICER, B.S.N.L., O/O.PGMT, CATHOLIC CENTRE, ERNAKULAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, ALONG WITH W.P(C)NO.30947/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.P(C)Nos.30125 & 30947 of 2009 ----------------------------------------- Dated this the 3rd day of November, 2009 JUDGMENT Kurian Joseph,J. These writ petitions are filed challenging the interim orders passed by the Central Administrative Tribunal, Ernakulam in O.A.Nos.690 and 672 of 2009. By the said interim orders the Tribunal permitted the applicants and similarly situated applicants to appear for the examination for selection to the post of Management Trainees. Learned Senior Counsel for the BSNL submits that the applicants are evidently not qualified, they are over-aged, the Rules as such are not under challenge and at any rate they have approached the Tribunal only at the last hour. Learned counsel appearing for the applicants, however, submits that they have challenged the Rules to the extent required, they are otherwise qualified, they are entitled to relaxation and at any rate the BSNL has not fixed the date of the examination. Though learned Standing Counsel invited our attention to the W.P(C)Nos.30125 & 30947 of 2009 -:2:- jurisdiction of the Tribunal to pass interim orders under Section 24 of the Central Administrative Tribunals Act, we do not think that we should address such arguments at this stage. In this case since we are of the view that the Tribunal has only maintained the balance of convenience, lest it should have led to a situation of irreparable injury. However, by way of abundant caution we make it clear that by the mere permission to the applicants and similarly situated persons to appear for the examination, they shall not be entitled to claim any additional equity. Their appearance is absolutely subject to the result of the original applications and they shall be bound by the outcome of the applications, despite their meritorious performance, if made in the examinations. With the above observations these writ petitions are disposed of. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.P(C)Nos.30125 & 30947 of 2009 ---------------------------- JUDGMENT 3rd November, 2009