IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 27047 of 2010(S) -------------------------- OA.222/2010 of CENTRAL ADMINISTRATIVE TRIBUNAL BENCH,ERNAKULAM .................... PETITIONER(S): ------------------------- K.SASI KUMAR, S/O.K.KUTTAPPAN, OFFICE ATTENDANT `A', NAVAL PHYSICAL AND OCEANOGRAPHIC LABORATORY, THRIKKAKARA, KOCHI-21. BY ADVS. SRI.M.V.THAMBAN, SRI.R.REJI, SMT.THARA THAMBAN, SRI.B.BIPIN, SMT.REVATHY P.NAIR. RESPONDENT(S): --------------------------- 1. THE DIRECTOR, NAVAL PHYSICAL AND OCEANOGRAPHIC LABORATORY,THRIKKAKARA, KOCHI-21. 2. THE DIRECATOR, AERONAUTICAL ESTABLISHMENT, (ZONAL RECRUITMENT CENTRE) MINISTRY OF DEFENCE, NEW TIPPUSANDRA P.O., BANGALORE-560 075. 3. THE DIRECTOR GENERAL DEFENCE RESEARCH AND DEVELOPMENT ORGANIZATION DRDO BHAWAN, RAJAJI MARG, NEW DELHI. 4. THE DIRECTOR (HRD), DRDO BHAVAN, DRDO BHAVAN, RAJAJI MARG,NEW DELHI. 5. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, SOUTH BLOCK, NEW DELHI-11. BY ADV. SRI. T.P.M.IBRAHIM KHAN, ASST.SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.N.RAMACHANDRAN NAIR & K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 27047 OF 2010 S ----------------------------------------------------------- Dated this the 31st August, 2010. JUDGMENT Ramachandran Nair, J. Heard counsel for the petitioner and Assistant Solicitor General for the respondents. The order under challenge is Ext.P7 issued by the Central Administrative Tribunal vacating an earlier order granted by them staying the conduct of examination by the respondents for selection to the post of Administrative Assistants. The appellant is one of the claimants for the post reserved for last grade employees. There is some confusion with regard to relaxation of qualification originally fixed which was 12th standard and later on the same was reduced to 10th standard. According to the petitioner vide Ext.P10 the earlier order of the Central Administrative Tribunal directing selection to the post reserved for last grade employees by retaining the qualification as 10th standard is implemented by the respondent. However, petitioner's case is that in spite of decision to fill up 10% of the vacancies from out of last grade employees respondents without filling up to 10% proceeded to notify the post for direct recruitment. Petitioner's WPC 27047/2010 2 case is that if examination is proceeded with and posts are filled up with candidates from the direct recruitment system himself and similar others eligible for departmental promotion will loose the benefit. 2. After hearing both sides and after going through Ext.P7 order we are of the view that petitioner is not prejudiced by the order of the Tribunal permitting examination being held for selection under the direct recruitment scheme. This is because the Tribunal has called for specific details of vacancies filled up from reserved quota. In our opinion the claim of the petitioner should not stand in the way of respondents making selection through direct recruitment. In fact even if examination is held it will take quite some time to finalise the whole process before making appointment to the posts available. In between based on the information called for by the Tribunal vide their letter dated 29/6/2010 the Tribunal will be able to hear and dispose of the case even before actual appointments are made from the select list. Accordingly we dispose of the writ petition with the direction to the Central Administrative Tribunal to proceed with hearing and decision of O.A before appointments are made. In other words Ext.P7 will stand confirmed and the respondents are free to WPC 27047/2010 3 proceed with conduct of test and selection of candidates. There will be a direction to the respondents to furnish the details called for by the Tribunal and appear and argue the matter before the Tribunal so that the Tribunal is in a position to pass final orders before appointments are made from the select list. C.N.RAMACHANDRAN NAIR Judge K. SURENDRA MOHAN Judge jj WPC 27047/2010 4