IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MRS. JUSTICE M.C.HARI RANI MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WP(C).No. 33839 of 2008(S) -------------------------- OA.651/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. UNDER SECRETARY (P.V.), GOVERNMENT OF INDIA, MINISTRY OF EXTERNAL AFFAIRS, C.P.V. DIVISION, NEW DELHI. 2. THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, COCHIN. BY ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL RESPONDENT(S): --------------- 1. RAJALEKSHMY BALACHANDRAN @ A.B. RAJALEKSHMY, UPPER DIVISION CLERK, REGIONAL PASSPORT OFFICE, COCHIN. 2. K.MURALEEDHARAN PILLAI, UPPER DIVISION CLERK, REGIONAL PASSPORT OFFICE, COCHIN. ADV. SRI.N.NAGARESH FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & M.C.HARI RANI, JJ. ----------------------------------------- W.P.(C) NO. 33839 OF 2008-S ----------------------------------------- Dated 17th November, 2008. JUDGMENT Balakrishnan Nair, J. The respondents in O.A.No.651/2008 before the Central Administrative Tribunal, Ernakulam Bench are the petitioners herein. The O.A was filed by the respondents herein, aggrieved by Annexure- A4 communication. In fact, the said communication contains a list of persons who were found ineligible to take the Limited Departmental Examination for promotion. The applicants were included in that list. Challenging their non-inclusion among the persons eligible to take the above mentioned examination, the O.A was filed. Since the examination was scheduled to be held on 23.11.2008, the Tribunal passed Ext.P2 interim order, directing the writ petitioners to permit the applicants, who are the respondents herein, to take the test provisionally. It was also ordered that their results need be published only after getting further orders in the matter. This Writ Petition is WPC 33839/08 2 filed, challenging Ext.P2. 2. The learned counsel for the petitioners submitted that the respondents are ineligible to take the test, as they have not completed the requisite years of service on the cut off date. Therefore, the direction to allow them to participate in the examination is illegal and liable to be interfered with by this Court. 3. We notice that the order impugned is only an interim order. By allowing the applicants to take the examination, nobody is prejudiced. If, ultimately, the Original Application is allowed, the writ petitioners are also saved of the botheration to hold a fresh test. It is an order passed, having regard to the principles of balance of convenience. Needless to say, if the O.A is dismissed, the interim order will also go. In view of the above position, we find no reason to interfere with the impugned order Ext.P2. Accordingly, the writ WPC 33839/08 3 petition is dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.C.HARI RANI, JUDGE. Nm/