SANGAPPA Vs. POST MASTER GENERAL

JUDGEMENT

(1.) THESE three writ petitions are by persons who9 had been initially appointed as Extra Departmental Branch Post Masters at Dondamballi village in Raichur district in W.P.No.24618/2003, Papinayakanahalli in Bellary district in W.P.No.8951/2003 and Pernankila village in W.P.No.10138/2003 respectively, b ut whose appointments had come to be upset by the Bangalore Bench of the Central Administrative Tribunal in three separate orders at the instance of the rival unsuccessful candidates arrayed as respondent No.1 in W.P.No.10138/2003 and W.P.No.8951/2003, and as 4th respondent in W.P.No.24618/2003 respectively, holding that these respondents, the applicants before the tribunal who were more meritorious though, were not qualified as per the notification for not having income from landed property in their villages, was a requirement not necessary or tenable and therefore, had allowed the applications.

(2.) THE writ petitioners, having lost their appointments in terms of the orders passed by the tribunal, have come up before this Court in these writ petitions contending inter alia that the orders passed by the tribunal are neither tenable in law nor the tribunal has applied the relevant binding decisions holding the field and has ignored not only the earlier rulings of this Court, but also a binding and clinching judgment of the Supreme Court in the case of UNION OF INDIA vs KAMESHWAR PRASAD reported in (1997)11 SCC 650.

(3.) NOTWITHSTANDING appointments to such posts being part of the employment by the State, the posts were being notified indicating the criteria and eligibility for the applicants, the terms and conditions of appointment, remuneration etc., and equal opportunity being extended to all interested persons and when it comes to question of competence for the post, merit being taken as the criteria for selecting the candidates who otherwise fully qualifies all requisites in terms of the rules and notification, notifying the filling up of the posts.