SHYNI C.B. Vs. CHITRA BHANU M.K.

JUDGEMENT

(1.) O.P.(Kat) No.294/2014 has been filed against the order dated 30.7.2014 of the Kerala Administrative Tribunal (KAT) in O.A.No.946/2014. Two other persons who were not parties to the case filed Review Application No.4/2015 against the order dated 30.7.2014, which came to be dismissed as per order dated 11.2.2015. OP(KAT) No.71/15 is filed against the order in Review Application.

(2.) The short facts of the case are as under:

(3.) The applicant was having M.Sc. Degree in Mathematics with more than 50% of marks. He obtained PGDCA from Government Polytechnic, Palakkad. His contention is that, when LBS Centre for Science and Technology is included among the institutions which issues PGDCA, there is no reason to exclude PGDCA course conducted by the Government Polytechnic. According to him, LBS Centre does not issue any certificate to the candidates directly. It is the State Board of Technical Education who awards the Diploma Certificate to the candidates who had successfully completed the course at the LBS Centre. The curriculum and the course of study of PGDCA course in the LBS Centre and Government Polytechnic are the same and therefore, the Special Rules which does not include PGDCA course of Government Polytechnic as a qualification is bad for under inclusiveness and thereby violative of Articles 14 and 16 of the Constitution of India. He further submitted that, when a seniority list was published on 30.9.2008, his name was included at Sl.No.13368 with Rank No.24. One teacher Sri.V.T. Thomas filed O.A.No.1340/2013 before the Tribunal challenging the said seniority list and the Government was directed to reconsider the same after hearing all the affected parties. The Government thereafter issued an order dated 7.3.2014 deleting the name of several persons included in the earlier seniority list, which includes the applicant as well, for the reason that his PGDCA was from an institution which was not recognized as per Special Rules.