JOSE PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) . The petitioner has challenged in the writ petition the appointment of the 5th respondent as the Chairman of the Jawaharlal Nehru Port Trust, New Bombay a category-I major port in India. His grievance is that he possessed the requisite knowledge and experience for the appointment as a Chairman and he was denied consideration in accordance with law by respondents 1 to 4.

(2.) . The petitioner has given his pen picture in the following terms:- CURRICULUM VITAE OF DR. JOSE PAUL, DEPUTY CHAIRMAN, JNPT, NEW BOMBAY First Name & Surname JOSE PAUL Family Name Sankoorikal Date of Birth 17.08.1941 Place of Birth Narakkal - Ernakulam Distt Kerala State,, INDIA Religion Christianity - Roman - Syrian Catholic Position held a) Assistant Traffic Manager Cochin Port Turst (1968- 70) b) Deputy Traffic Manager - Cochin Port Trust (1970-75) c) Traffic Manager - New Mangalore Port Trust (1975- 79) d) Traffic Manager - Tuticorin Port Trust (1982-89) e) Additional Traffic Manager,, Cochin Port Trust (1982- 89) f) Deputy Chairman,, New Chairman,, New Mangalore Port Trust (15.04.1989 to 17.07.1994). g) Deputy Chairman,, Jawaharlal Nehru Port Trust New Bombay (18.07.1994 to 24.9.95) h) Acting Chairman,, Jawaharlal Nehru Port Trust,, New Bombay (25.9.95 to 3.9.96) i) Deputy Chairman,, Jawaharlal Nehru Port Trust New Bombay (4.9.96 onwards) Academic a) M.A (Political Science) University of Mysore,, Qualifications Indian Passed in Second Class. b) Ph.d in Port Management University of Wales,, United Kingdom - Passed with considerable credit Professional Qualifications a) Fellow of the British Institute of Management (FBIM); b) Fellow of the Chartered Institute of Transport,, London (FCM). Participation in Selected by the Government of India and the British advanced training Council for participation in an advanced training courses abroad course on "Port Management" held in Brighton, UK from September 1983 to Dec.83. Prizes received in First Prize and the Aklyama Award in the Internation international Essay Competition organised by the competition International Ass. of Ports and Harbours. Tokyo,, Japan in 1986 - Prize $US 750. Silver Medal and a Scroll presented in person at the World Port Conference in Seoul,, South Korea in May 1987. Publications in a) Paper on `The Impact of Port charges on shipping International freight rates' - the Dock and Harbour Authority. Journals/ Foxlow Publications,, London (March 1986). Newspapers b) Paper on `Port Policy of Sweden-a-critical apparai- sal' - The Dock and Harbour Authority,, Foxlow Publica- tion,, London (January 87). c) Akiyama prize winning paper under IAPH Award scheme - `How could the efficiency of Indian Major Ports be improved? - IAPH Journal,, Japan (March 87). Publication in 1. "Does India need a National Ports Authority"? National Published in `Economic Times' dated 14.6.90 and Newspapers `Marine Times' dt.30.6.90 and `Indian Ports Journal' dt. Jan-March 1990. 2)"How to manage resistance to change?" published in the `Economic Times' dated 16.09.1990. `Marine Times" dt. 08.12.1990 and `Indian Ports Journal' dated December 1990. Papers presented in 1. Major Sea Ports - their influence on development reginonal national Conference of local,, regional and national economy. & international 2. Privatisation in Indian Major Ports - Its scope and applicability. 3. Cargo handling and labour deployment practices in India for container traffic Countries visited Australia,Belgium,Canada, Federal Republic of Germa-ny, France,, Japan, Nether-land, Phillippines,, Singa-pore, South Korea,, Sweden,Switzerland USA, UK and U.A.E. At all invitation of the Netherlands Minister of Transport,, Public Works and Water Management,, visited the Netherlands as a member of the Indian Delegation during November 06.12.1995. World Ports Gothernburg,, Malmo,, Bremen Bremerhaven,, London, visited Live- poof,, Dover, Felixstowe, Cardiff, New Port, Port Talbot, Swansea, Clyde, Southampton, New York, Incheon, Manila, Singapore Rotterdam,Amsterdam, Osaka Le Havre, Dunkirk, Hamburg Toronto, Montreal, Antwerp, Zeebrugge,, Sydney, Melbourne, Port Zaid. At the invitation of the Govt. of United Kingdom (Foreign & Commonwealth Office),, visited various British Ports and other connected organisations in U.K. during the period March 05.30.1995. Consultant to the 1.Prepared a policy paper on "Development and Impro National Planning -vement of Indian Major Ports - Policy issues and Commission, Prespectives" for the Planning Commission,, Govt. New Delhi.: of India,, New Delhi (Aug. 1988). 2.Member of the Working Group on Ports constituted by the Planning Commission to draw up 8th Plan proposal for the Ports sector in India. Adviser to the For selection of senior positions in D.G.Shipping Union Public Ministry of Surface Trans-port/Ports and Shipping Service Commission, Sectors. New Delhi

(3.) . He has also referred to the fact that he received an Award in Japan and also relied upon the appreciation letters Annexures C & D which read as under: Annexure - C D.O. No. DS(PT)/1/JNPT/96 Government of India Ministry of Surface Transport 1, Parliament Street New Delhi - 110 001. R.K. Srivastava Deputy Secretary (PT) Tel : 3715095 9.2.1996 Dear Sr. Jose Paul, The performance of JNPT for handling a record quantum of urea in a day has been appreciated by the Minister (SFT) recently. It is hoped that the Port will maintain the same standard of performance in future also. This appreciation of M(SFT) may be communicated to all concerned. With regards, Yours sincerely, sd/- Annexure - D Minister Surface Transport India M. Rajasekara Murthy 24th April 1996 Dear Dr. Jose Paul, I am happy to know that JNPT has achieved creditable performance durg the year 1995-96 with a growth rate of 37.20% over the previous year. I am particularly please to read that the growth rate in handling containers is as high as 38.95%. Your Port has achieved impressive growth rate in most of the performance indicators, thus showing a considerable improvement in productivity. The managerial and financial performance have been commendable. I congratulate you and your colleague officers and employees of the Port for having achieved an excellent all round performance during the year 1995-96. With regards, Yours sincerely, sd/-