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1 - 10 of 17 (1.10 seconds)Article 16 in Constitution of India [Constitution]
Basil Thomas vs State Of Kerala on 6 January, 2023
Exhibit P1 TRUE COPY OF THE MEMORANDUM OF OA(EKM) 53/2024
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 23.01.2024 IN OP
(KAT) 473/2023 ISSUED BY THE HON'BLE HIGH COURT OF
KERALA
Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 11.01.2024 IN
OA (EKM) 53/2024 PASSED BY THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL
Exhibit P4 TRUE COPY OF THE ADOPTION MEMO FILED BY THE COUNSEL
FOR THE ADDITIONAL RESPONDENTS 8 AND 9 TO ADOPT
THE REPLY STATEMENT IN OA(EKM) 1541 OF 2023
Exhibit P5 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT
TO THE REPLY FILED BY ADDITIONAL RESPONDENTS NO.
8 AND 9
Exhibit P6 TRUE COPY OF THE ADOPTION MEMO FILED BY THE LEGAL
RETAINER TO THE KERALA PUBLIC SERVICE COMMISSION
ON BEHALF OF THE RESPONDENTS 5 AND 6
Exhibit P7 TRUE COPY OF THE REJOINDER FILED BY THE APPLICANT
TO REPLY STATEMENT FILED BY RESPONDENTS R5 AND R6
Exhibit P8 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND
RESPONDENT
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 28.06.2024 IN BASIL
THOMAS V. STATE OF KERALA, 2024 : KER: 47060 ISSUED
BY THE HON'BLE HIGH COURT OF KERALA
Exhibit P10 TRUE COPY OF THE FINAL ORDER DATED 29.08.2024 IN
OA (EKM) 53/2024 ISSUED BY THE HON'BLE KERALA
ADMINISTRATIVE TRIBUNAL
Exhibit P11 TRUE COPY OF THE MEETING MINUTES DATED 17.05.2024
OF THE DEPARTMENTAL DISPUTE RESOLUTION COMMITTEE
Exhibit P12 TRUE COPY OF THE COMMUNICATION NO. P3/1825/2020
DATED 02.11.2020 ISSUED BY THE JOINT DIRECTOR TO
THE DIRECTOR
Exhibit P13 TRUE COPY OF THE COMMUNICATION NO. C4/16892/20/DTE
DATED 03.03.2021 ISSUED BY THE SENIOR JOINT
DIRECTOR OF TECHNICAL EDUCATION TO THE PRINCIPAL
SECRETARY, HIGHER EDUCATION(L) DEPARTMENT
O.P. (KAT) Nos. 81/2024 & Con. Cases; 359/2024
& Con. Cases; 140/2023 & Con. Cases; & W.A.No.1614/2022
Article 320 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
Kerala Public Services Act, 1968
Maharashtra Public Service Commission vs Sandeep Shriram Warade on 3 May, 2019
If such a determination is made, the scope for judicial review is
necessarily limited. The Apex Court in Secy. (Health) Deptt. of
Health & F.W. v. Anita Puri (Dr) [(1996) 6 SCC 282],
Maharashtra Public Service Commission v. Sandeep Shriram
Warade [(2019) 6 SCC 362] and Chancellor v. Bijayananda Kar
(Dr) [(1994) 1 SCC 169], ruled that it is the prerogative of the
employer/recruiting agency to satisfy with the qualification
prescribed for the post and the Court shall not substitute the views
of the employer/recruiting agency. As we have already emphasised,
the timing of the decision on qualification is crucial. In the absence
of a prior determination by the Government or the PSC regarding the
sufficiency of a qualification before the issuance of the notification, it
would not be open to the Tribunal or this Court to direct that a
particular qualification be accepted as sufficient on the ground that
it presupposes the prescribed lower qualification.
The Chancellor And Anr. vs Dr Bijayananda Kar And Ors. on 4 November, 1993
If such a determination is made, the scope for judicial review is
necessarily limited. The Apex Court in Secy. (Health) Deptt. of
Health & F.W. v. Anita Puri (Dr) [(1996) 6 SCC 282],
Maharashtra Public Service Commission v. Sandeep Shriram
Warade [(2019) 6 SCC 362] and Chancellor v. Bijayananda Kar
(Dr) [(1994) 1 SCC 169], ruled that it is the prerogative of the
employer/recruiting agency to satisfy with the qualification
prescribed for the post and the Court shall not substitute the views
of the employer/recruiting agency. As we have already emphasised,
the timing of the decision on qualification is crucial. In the absence
of a prior determination by the Government or the PSC regarding the
sufficiency of a qualification before the issuance of the notification, it
would not be open to the Tribunal or this Court to direct that a
particular qualification be accepted as sufficient on the ground that
it presupposes the prescribed lower qualification.
Ajith K. vs Aneesh K.S. on 21 August, 2019
-:296:- 2025:KER:53298
on the judgment in Ajith K. and Others v. Aneesh K. S. and
Others [2019 KHC 6830] is legally unsustainable. The Apex Court
in the above judgment noted that apart from the Government, the
PSC also had not carried out any exercise to hold that a higher degree
referred to therein necessarily presupposes the prescribed
qualification (See paragraph 16 of the above judgment). Therefore,
if the competent body is of the opinion that a higher qualification is
to be treated as a sufficient qualification, such a decision cannot be
interfered with lightly without reference to the decision-making
process of such a body.
A.Suma vs The Kerala Public Service Commission on 15 December, 2010
6. With regard to qualification under clause (i), it is well
settled by a Full Bench decision of this Court in Suma A. v. Kerala
Public Service Commission and Others [2011 (1) KHC 16] that
only the Government has the authority to declare a qualification as
equivalent. The PSC does not have this power.