IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).NO. 18701 OF 2007(S) -------------------------- {OA.216/2006 OF CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH} .................... PETITIONER(S): --------------- 1. THE ADMINISTRATOR, U.T. OF LAKSHADWEEP, KAVARATTI. 2. THE DIRECTOR OF EDUCATION, UT OF LAKSHADWEEP. 3. UNION OF INDIA, REP. BY THE SECRETARY, DEPARTMENT OF EDUCATION, MINISTRY OF HRD, NEW DELHI. BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMN RESPONDENT(S): --------------- 1. ZULFIKAR ALI, KUNNAGALAM HOUSE, UT OF LAKSHADWEEP, KILTHAN. 2. IRSHAD BHEEGAM M.P., NEELATHPURA HOUSE, UTI OF LAKSHADWEEP, ANDROTH. BY ADVS. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE & SRI.N.NAGARESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18701 OF 2007 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF O.A.NO.216/2006. EXT.P2: TRUE COPY OF THE REPLY STATEMENT DATED 30.11.06 FILED FROM THE PART OF THE RESPONDENTS IN THE ABOVE O.A. EXT.P3: TRUE COPY OF THE REJOINDER FILED BY THE APPLICANTS IN O.A.NO.216/06. EXT.P4: TRUE COPY OF THE COMMON ORDER DTD. 11.12.06 PASSED BY THE CAT, ERNAKULAM IN O.A.453/06 AND OA 556/06. EXT.P5: TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE BEARING F.NO.2/2006- SO/ADM DTD. 20.05.06 PERTAINING TO THE WRITTEN TEST CONDUCTED BY THE ADMINISTRATION FOR THE POST IN QUESTION. EXT.P6: TRUE COPY OF THE FINAL ORDER DTD. 26.03.07 PASSED BY THE CAT, ERNAKULAM IN O.A.216/06. RESPONDENTS' EXHIBITS: NIL //true copy// P.S. To Judge SK/- THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. --------------------------------------- W.P.(C).No.18701 of 2007 --------------------------------------- Dated this the 31st day of May, 2010 JUDGMENT THOTTATHIL B.RADHAKRISHNAN, J. The Union Territory of Lakshadweep has prescribed “B.Sc. Degree having Zoology and Chemistry as main subjects” and an additional qualification as an equivalent qualification for the purpose of being considered for appointment to the category of 'Fisheries Teacher' in its service. It issued a notification inviting applications. The respondents, who possess B.Sc. Degree in Zoology from the University of Calicut, filed the original application contending that they possess B.Sc. Degree with Zoology as the main subjects, yet they are entitled to be considered. 2. Before the Tribunal they pressed into service the finality of an earlier judgment of the Tribunal issued in W.P.(C).No.18701 of 2007 :: 2 :: O.A.No.385/03. The Tribunal, agreeing with its earlier order and the views expressed therein, directed the establishment to consider the applicants also by relaxing the qualification. 3. Having heard learned counsel on both sides, we do not deem it necessary to go into any of the issues arising for decision, as to the correctness of the impugned order of the Tribunal, including as to whether it has been issued in excess of jurisdiction or whether the prescription of qualification is sustainable. This is because the establishment has reported that all the candidates, who appeared for the competitive test following notification, including the applicants, failed. Not only that, with the passage of time, the establishment has amended the recruitment rule. With these two facts situation, there can be a recruitment only on a notification being issued in terms of the amended recruitment rules. To facilitate this, we direct that the impugned W.P.(C).No.18701 of 2007 :: 3 :: judgment of the tribunal will stand set aside, in terms of what is stated above. However, without stating anything regarding its merits, the writ petition is disposed of. Sd/- (THOTTATHIL B.RADHAKRISHNAN) JUDGE Sd/- (S.S.SATHEESACHANDRAN) JUDGE sk/ //true copy//