IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 27TH SEPTEMBER 2010 / 5TH ASWINA 1932 WP(C).No. 12009 of 2010(S) -------------------------- TA.32/2008 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- SUDHAMANI M.N., TELECOM TECHNICAL ASSISTANT, C.T.M.X.,KOTTAYAM,RESIDING AT SREEVIHAR, MARIAPPALLY, KOTTAYAM. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. UNION OF INDIA, REP.BY DIRECTOR GENERAL, B.S.N.L,ASHOKA ROAD, NEW DELHI. 2. THE CHIEF GENERAL MANAGER, C.G.M.T.OFFICE,THIRUVANANTHAPURAM. ADV. SRI.P.J.PHILIP,SC,BSNL(BHARAT SANCHAR N FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF ORDER NO. 5-11/99-NCG DATED 12.1.99 EXT.P2 TRUE COPY OF THE MARKS LIST DATED 17.2.2000 EXT.P3 TRUE COPY OF THE ORDER DATED 10.3.2003 EXT.P4 TRUE COPY OF THE REPLY ISSUED FROSM THE OFFICE OF THE 2ND RESPONDENT. EXT.P5 TRUE COPY OF THE ORDER DATED 1.5.2009 IN T.A. NO. 32./08 PASSED BY THE CAT, ERNAKULAM BENCH. RESPONDENTS' EXHIBITS: EXT.R2(a) TRUE COPY OF WPC NO. 6779 OF 2006 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA TRANSFERRED TO CAT, ERNAKULAM RENUMBERED T.A. 32/2008 EXT. R2(b) TRUE COPY OF THE COUNTER AFFIDAVIT IN WPC 6779 OF 2006 FILED BEFORE THE HON'BLE HIGH COURT OF KERALA TRANSFERRED TO CAT, ERNAKULAM RENUMBERED T.A. 32/2008 EXT.R2(c) TRUE COPY OF RECRUITMENT RULES OF JTO OF THE YEAR 1990 EXT.R2(d) TRUE COPY OF THE RECRUITMENT RULES OF JTO OF THE YEAR 1996 EXT.R2(e) TRUE COPY OF THE RECRUITMENT RULES OF JTO OF THE YEAR `1999 EXT.R2(f) TRUE COPY OF RECRUITMENT RULES OF JTO OF THE YEAR 2001 EXT.R2(g) TRUE COPY OF NOTIFICATION OF THE EXAMINATION HELD IN 1999 EXT.R2(h) TRUE COPY OF THE RESULT OF THE EXAMINATION. EXT.R2(i) TRUE COPY OF BSNL LETTER NO. 12-15/2002 DE DATED 10.3.2003 EXT.R2(j) TRUE COPY OF THE JUDGMENT OF HON'BLE HIGH COURT OF ALLAHABAD IN WPC 2696 OF 2004 TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.P.C. No. 12009 of 2010 -------------------------------------------- Dated this the 27th day of September, 2010 JUDGMENT Ramachandran Nair, J. Petitioner is challenging Ext.P5 order of the Central Administrative Tribunal, whereunder her claim for promotion to the post of JTO is turned down by the Tribunal. We have heard counsel appearing for the petitioner and standing counsel appearing for the BSNL. On going through the Tribunal's order, we find that petitioner claims the benefit of Ext.P3 which provides for reduction in minimum marks in the departmental examination for the last examination held in 2000. Admittedly petitioner did not participate in this examination and she wrote the examination that was held in 1999. Under Ext.P3 relaxation is only for the last examination held in 2000, and so much so it does not apply to the examination held in 1999. So much so the Tribunal rightly held that petitioner is not entitled to relaxation from minimum marks of 40% to 30%. Further Ext.P3 applies only for filling up existing vacancies. The finding of the Tribunal and the contention WPC 12009/2010 2 of BSNL is that no vacancy exists for consideration of the petitioner, even assuming that she could be considered for relaxation from the minimum marks. Consequently, we find no merit in the WPC and the same is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk WPC 12009/2010 3