Kerala High Court
Arshad Suhail A vs Union Of India on 24 May, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 24th DAY OF MAY 2021 / 3RD JYAISHTA, 1943
OP (CAT) NO. 23 OF 2021
AGAINST THE ORDER IN OA.NO.540/2020 OF
THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER/APPLICANTS IN O.A.:
1 ARSHAD SUHAIL A., AGED 23 YEARS,
S/O.ASHIK, K.I. KEELAILLOM HOUSE, AGATHY ISLAND,
LAKSHADWEEP - 682553,
2 MOHAMMED YASEEM K., AGED 23 YEARS,
S/O. USMAN, KOMALAM, NEAR NORTH CHILDRENS PARK, KAVARATHY,
LAKSHADWEEP - 682555.
3 THOUFEEQ N.P., AGED 23 YEARS,
S/O. T.P. KOYA, THITTIYAPADA HOME, KALPENI,
LAKSHADWEEP - 682557.
BY ADV G.HARIKUMAR NAIR
RESPONDENTS/RESPONDENTS IN O.A.:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY(AGRICULTURE), MINISTRY OF AGRICULTURE,
SHASTHRI BHAVAN, NEW DELHI - 110001.
2 ADMINISTRATOR,
LAKSHADWEEP ADMINISTRATION, KAVARATHY, KALSHADWEEP - 682555.
3 THE DIRECTOR
ANIMAL HUSBANDRY, DEPARTMENT OF ANIMAL HUSBANDRY, LAKSHADWEEP
ADMINISTRATION, KAVARATHY ISLAND, LAKSHADWEEP - 682555.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SHRI.MANU.S, SCGC, ADMINISTRATION OF THE UNION TERRITORY OF
LAKSHADWEEP
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 24.05.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(CAT) No.23 of 2021
2
ALEXANDER THOMAS & K. BABU, JJ.
----------------------------------------------------
O.P.(CAT) No.23 of 2021
[arising out of order dated 02.12.2020 in O.A. No.540/2020
on the file of the C.A.T. , Ernakulam Bench]
----------------------------------------------
Dated this the 24th day of May, 2021
JUDGMENT
Alexander Thomas, J.
The prayers in the afore captioned Original Petition(CAT)
filed under Articles 226 & 227 of the Constitution of India are as
follows: {See page No.11 of the paper book of this original petition}
"(i) To call for the records of the case;
(ii) To direct that selection process pursuant to Exhibit P-1(A-10) may be
kept in abeyance pending final adjudication of OA No.540/2020;
(iii) To declare that the petitioners be considered for the post of Stockman
and similar grades pursuant to Exhibit P-1(A-10) on the basis of their
superior qualifications; and
(iv) To pass such other orders that are deemed just, fair and necessary in
the facts and circumstances of the case."
2. Heard Sri.G.Harikumar Nair, learned Counsel
appearing for the petitioners in the O.P/applicants in the O.A.
before the Tribunal, Sri.S.Manu, the learned Senior Central
Government Standing Counsel for the Lakshadweep Union
Territory Administration, appearing for respondents 2 & 3 and
O.P.(CAT) No.23 of 2021
Sri.P.Vijayakumar, the learned Assistant Solicitor General of
India, appearing for the 1st respondent (Union of India).
3. The present original petition arises out of an interim
order passed by the Central Administrative Tribunal, Ernakulam,
at Ext.P3 order dated 02.12.2020 in O.A. No.540/2020, whereby
the Tribunal has not granted interim stay of Anxs.A10 & A11
selection notifications dated 24.8.2020 & 28.10.2020 respectively,
issued by the 3rd respondent (Director, Animal Husbandry
Department), for selection to the post of Stockman in the Animal
Husbandry Department, but has only limited the interim order by
ordering that the further steps in pursuance of Anxs.A10 & A11
selection notifications may be kept in abeyance until the
representation of the applicants is considered and decided by the
3rd respondent herein.
4. The brief of the case of the petitioners is to the effect
that the qualifications prescribed for the post of Stockman in the
Animal Husbandry Department is only a pass in 12th Standard and
pass in Livestock Inspectors Training Certificate Course from
recognised institutions of State/Central Government having a
duration of 9 months and that the said qualifications have been
prescribed long ago. That, now very many advanced
O.P.(CAT) No.23 of 2021
qualifications, especially degree qualifications in that regard are
available and that the petitioners have secured higher
qualifications of B.Sc. in Poultry Production and Business
Management and training course in Artificial Insemination and
Dairy Management. That, taking into account the advancement of
various scientific and technical aspects, the stand of the
department of the Lakshadweep Administration in still sticking on
to the qualifications of pass in 12 th Standard and training course,
etc for the post in question, when higher and advanced
qualifications are available and lot of young unemployed persons
like the petitioners have acquired such qualifications, etc is
arbitrary and unreasonable, and that the department has to
reasonably act taking into account the realities of the day and
should prescribe the abovesaid higher qualification as far as the
post of Stockman in Animal Husbandry Department is concerned,
etc. The petitioners have earlier approached the Central
Administrative Tribunal, Ernakulam Bench, by filing an original
application as O.A. No.644/2019 in that regard and the Tribunal,
as per Anx.A7 final order dated 29.08.2019, had directed the 3 rd
respondent herein (The Director, Animal Husbandry Department)
to examine the aspects urged by the petitioners in the
O.P.(CAT) No.23 of 2021
representations filed by them and to take a considered decision
thereon on the abovesaid aspects. Further, the case of the
petitioners is that no effective decision was taken by the
competent authority among the respondents in compliance with
the directions issued by the Tribunal as per Anx.A7 final order
rendered as early as on 29.08.2019 and that thereafter they have
issued Anxs.A10 & A11 selection notifications for the
abovesaid post of Stockman and based on the unamended
qualifications and before taking a decision on the matters ordered
to be considered in terms of Anx.A7 order of the Tribunal. It is in
this background that the petitioners have again approached the
Central Administrative Tribunal, Ernakulam Bench, by filing the
instant O.A. No.540/2020.
5. The prayers in the instant original application
O.A.No.540/2020 filed by the petitioners herein before the
Central Administrative Tribunal, Ernakulam Bench, are as
follows: {See page No.24 of the paper book of this original petition}
"A) To call for the records leading to issuance of Annexures A-10 and
A-11 and quash the same as arbitrary, illegal and violative of
Annexure A-7 order of this Hon'ble Tribunal.
B) To declare that Annexure A-3 Recruitment Rules are to be
amended forthwith by including the candidates who have a Degree
in B.Sc Poultry Production and Business Management as one of the
educational qualification prescribed for direct recruitment to the
post of stockman and similar grades,
C) To direct respondents 2 and 3 to include the applicants for the
trade test to be conducted for selection to the post of stockman and
O.P.(CAT) No.23 of 2021
similar grades, and
D) such other orders and directions as are deemed fit in the facts and
circumstances of the case."
6. The interim relief sought for in Ext.P1 O.A.
No.540/2020 is as follows : {See page No.24 of the paper book of
this original petition}
"Pending final decision in the original application, it is
respectfully prayed that this Honourable Tribunal may be
pleased to stay Annexures A-10 and A-11 and all proceedings
in furtherance thereof or to provisionally permit the
applicants to attend the trade test to be conducted for
selection to the post of stockman and similar grades."
7. On the abovesaid interim relief the Tribunal has
passed the instant impugned Ext.P3 order dated 02.12.2020, in
the said O.A. No.540/2020, which reads as follows: {See page
No.69 of the paper book of this original petition}
"Counsel for the applicant present. Counsel for the
respondents has filed an objection today and submits that the
Department is in the process of amending the Rules. But so far, it
is not implemented and they are proceeding with the selection.
On a perusal of the earlier order passed by this Tribunal in O.A
644/2019 filed by the applicants, it is seen that there is a direction
to the respondents that not to go for selection before passing an
order on the representation filed by the applicants."
In view of the above, the respondents are directed not to
proceed with the selection till an order is passed on the
representation filed by the applicants in O.A 644/2019.
List on 21.1.2021.
Issue a copy of this order to learned counsel for the
parties."
8. When the matter had come up for consideration on the
previous occasion, this Court had passed order dated 24.03.2021,
O.P.(CAT) No.23 of 2021
directing issuance of notice before admission to the respondents
concerned and further ordered as interlocutory measure that
further steps in pursuance of the impugned Anx.A10 selection
notification & Anx.A11 proceedings shall be kept in abeyance by
the respondent authorities concerned and that the said
interlocutory direction will be in force till 15.06.2021.
9. We have heard both sides in extenso. Both sides have
reiterated their respective submissions. In particular, Sri.S.Manu,
the learned Senior Central Government Standing Counsel for the
Lakshadweep Union Territory Administration, appearing for 3 rd &
4th respondents has also placed reliance on judgment of the Apex
Court in the case in The Maharashtra Public Service
Commission & Ors. v. Sandeep Shriram Warade & Ors.
[(2019) 6 SCC 362] and has contended that the plea of the
petitioners that the departmental authorities should necessarily
insist on higher qualifications as minimum eligibility
qualifications for the post in question is a matter which will not
fall within the realm of public law remedy of judicial review and
those are policy prerogatives which would fall within the exclusive
domain of the employer and the rule making authority
concerned, etc.
O.P.(CAT) No.23 of 2021
10. After hearing both sides, we are of the firm view that
we should not enter into the terrain of the merits of the rival pleas
in this case for the simple reason that the present original petition
arises out of an interim order passed by the Tribunal and the main
matter in the original application at Ext.P1 O.A. No.540/202o is
still pending consideration before the Tribunal.
11. One of the submissions made by Sri.G.Harikumar
Nair, the learned counsel appearing for the petitioners, is that
when the Tribunal had specifically directed the respondent
authorities concerned as per Anx.A7 final order dated 29.08.2020
in O.A. No.644/2019 that they should take a considered decision
on the abovesaid issue regarding the qualifications for the post in
question, they should have taken a decision thereon one way or in
other, and it is only after a decision is taken that they should have
issued selection notifications in the nature of Anxs.A10 & A11.
Further that, without adopting the said proper course of action,
the respondent authorities have not complied with the directions
in Anx.A7 final order and has issued Anxs.A10 & A11 selection
notifications which would made the matters in his "fait accompli".
Further that, even if the ultimate decision that is taken by the
respondent authorities concerned in pursuance of Anx.A7 verdict
O.P.(CAT) No.23 of 2021
of the Tribunal is fully or partially in favour of the petitioners
herein and if Anx.A11 selection notification dated 28.10.2020 is
allowed to stand, then the benefit of the said favourable decision,
that may be taken by the respondent authorities concerned in
favour of the petitioners will not enure to them as far as the
selection process covered by Anxs.A10 & A11, and the respondents
would then contend that the benefit of any such decision will
enure only in the case of selection notification to be issued in
future and that therefore the whole approach made by the
respondent authorities is improper and unreasonable, etc.
12. Having regard to the rival submissions and having
regard to the crucial aspect that the main matter is still pending
before the Tribunal, we would request the Tribunal to ensure that
the main matter in Ext.P1 original application O.A. No.540/2020
is taken up for consideration so as to facilitate its final disposal
without much delay, preferably within 2 to 3 months or so, or
within any reasonable time limit that may be appropriately fixed
by the Tribunal. In the meanwhile, it is ordered that the Tribunal
will re-consider the matters in respect of the interim relief as
sought for in the O.A. and after hearing both sides, may consider
whether the interim relief sought for in Ext.P1 O.A. is to be
O.P.(CAT) No.23 of 2021
granted, pending final disposal of the said O.A. within one month
from the date of receipt of a copy of this judgment. Further the
Tribunal may decide the issues in respect of the main matter and the
interim matter untrammeled and uninfluenced by the observations
made by this Court, and it is for the Tribunal to independently
consider and decide on the various matters in relation to the main
matter and the interim matter in this O.A. in accordance with law.
13. Until orders are so passed by the Tribunal afresh on the
interim relief sought for by the applicants in the O.A., further steps
in pursuance of Anx.A10 & Anx.A11 selection notification shall be
kept in abeyance by the respondent authorities, concerned.
14. The Registry will forward a certified copy of this
judgment to the Central Administrative Tribunal, Ernakulam Bench,
who is dealing with O.A. No.540/2020, for necessary information
and further action, at the cost of the petitioners.
With these observations and directions, the above
Original Petition will stand finally disposed of.
Sd/-
ALEXANDER THOMAS,
JUDGE
Sd/-
K. BABU,
JUDGE
Skk//24052021
O.P.(CAT) No.23 of 2021
ANNEXURE/EXHIBITS
EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF ORIGINAL
APPLICATION NO.540 OF 2020 DATED 08.11.2020
BEFORE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL, ERNAKULAM BENCH
EXHIBIT P1 (A-10) A TRUE COPY OF EMPLOYMENT NOTICE DATED
24.08.2020.
EXHIBIT P1 (A-11) A TRUE COPY OF NOTICE DATED 28.10.2020 ISSUED
BY 3RD RESPONDENT.
EXHIBIT P1 (A-1) A TRUE COPY OF CERTIFICATE ISSUED BY THE
REGISTRAR, KERALA VETERINARY AND ANIMAL
SCIENCE UNIVERSITY PUKODE, WAYANAD TO THE 1ST
PETITIONER DATED 8/8/2019 ALONG WITH
PROVISIONAL CERTIFICATE.
EXHIBIT P1 (A-2) A TRUE COPY OF CERTIFICATE ISSUED TO THE 1ST
APPLICANT BY MITHRANIKETHAN KRISHI VIGYAN
KENDRA DATED 30.07.2019.
EXHIBIT P1(A-3) A TRUE COPY OF LAKSHADWEEP GAZETTE DATED
15.12.2010.
EXHIBIT P1 (A-4) A TRUE COPY OF REPRESENTATION DATED 27.2.2019
SENT BY 1ST PETITIONER.
EXHIBIT P1 (A-5) A TRUE COPY OF REPRESENTATION DATED
26.08.2019 SENT BY 1ST PETITIONER.
EXHIBIT P1(A-6) A TRUE COPY OF MEMORANDUM OF ORIGINAL
APPLICATION NO. 644 OF 2019 DATED 20.09.2019
FILED BEFORE HON'BLE CENTRAL ADMINISTRATIVE
TRIBUNAL.
EXHIBIT P1 (A-7) A TRUE COPY OF ORDER IN OA NO.644 OF 2019
DATED 29.08.2020 OF HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL.
EXHIBIT P1 (A-8) A TRUE COPY OF LETTER DATED 31.1.2019 ISSUED
BY COLLEGE OF AVIAN SCIENCE AND MANAGEMENT.
O.P.(CAT) No.23 of 2021
EXHIBIT P1 (A-9) A TRUE COPY OF OFFICE MEMORANDUM DATED
03.04.2020 OF FILED ENUMERATORS ISSUED BY 3RD
RESPONDENT.
EXHIBIT P2 TRUE COPY OF COUNSEL STATEMENT FILED BY
RESPONDENT DATED 02.12.2020 IN ORIGINAL
APPLICATION NO. 540 OF 2020 BEFORE CENTRAL
ADMINISTRATIVE TRIBUNAL.
EXHIBIT P3 TRUE COPY OF ORDER DATED 02.12.2020 IN OA NO.
540/2020 PASSED BY THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.
EXHIBIT P4 TRUE COPY OF LETTER F NO.5/162019-AH (COURT
CASE), DATED 28.12.2020 PASSED BY THE 3RD
RESPONDENT.
