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Dr.A.K.Bohria

High Court Of Kerala|15 October, 2014
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JUDGMENT / ORDER

Antony Dominic, J. 1. Petitioner challenges Ext.P3 order, by which, interim order sought for by the petitioner for participation in the interview scheduled to be held on 21.10.2014 for appointment to the post of Deputy Director in Storage and Research Division, Department of Food and Public Distribution, Ministry of Consumer Affairs, Food and Public Distribution, Government of India, was declined by the Central Administrative Tribunal. According to the learned counsel for the petitioner, the document enclosed in Ext.P2 (Annexure A8 in the OA) itself shows that the experience gained by the petitioner would satisfy the requirement specified in Annexure 4 notification and that therefore, refusal to permit the petitioner to participate in the interview and the order passed by the Tribunal declining his prayer are illegal.
2. We have considered the submissions made. Reading of the order of the Tribunal shows that the stand O.P(CAT).153/14 2 adopted by the first respondent before the Tribunal was that the experience gained by the petitioner and disclosed in the certificate produced by him was not satisfying the prescriptions in the notification and it was therefore, that the first respondent did not invite the petitioner for the interview. It was considering that contention, the Tribunal declined the interim prayer of the petitioner.
3. First of all, one of the main prayers in the OA itself is for permitting the petitioner to participate in the interview. It is the settled position in law that final relief cannot be sought for at an interim stage. If that be so, the Tribunal could not have, by way of interim order, permit the petitioner to participate in the interview.
4. Even apart from that, when the dispute raised before the Tribunal was regarding the very eligibility of the petitioner to be included in the interview, unless the eligibility is first decided, the Tribunal will not be justified in requiring the respondents to interview the petitioner. Therefore, O.P(CAT).153/14 3 we do not think that the order passed by the Tribunal declining the interim order sought for is illegal. In the aforesaid circumstances, we are not persuaded to interfere with Ext.P3 order.
Original petition fails. It is accordingly dismissed.
Sd/-
ANTONY DOMINIC, Judge.
kkb.
Sd/-
ANIL K.NARENDRAN, Judge.
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Title

Dr.A.K.Bohria

Court

High Court Of Kerala

JudgmentDate
15 October, 2014
Judges
  • Antony Dominic
  • Anil K Narendran
Advocates
  • Sri
  • U Balagangadharan