UTHAMAN D. Vs. STATE OF KERALA

JUDGEMENT

(1.) The Original Petition was disposed off by us by judgment dated 14.02.2020. But later while considering another case we had doubts about some observations made by us. Hence we posted the case today and re-called the judgment earlier passed.

(2.) The petitioner is a Scheduled Tribe candidate, who challenged his reversion before the Tribunal. Before the Tribunal the petitioner's contentions were restricted to his inability to pass the prescribed test due to frequent transfers and the jurisdiction of the third respondent to pass the order of reversion. The learned counsel before us did not argue on these two points. The legal contention raised before us is that the petitioner, a Scheduled Tribe candidate had the benefit of Rule 13AB. He having been promoted to the higher post on the basis of Rule 13A(1) (a). He also claimed the benefit of the general orders of exemption granted to SC and ST candidates, as is evidenced from Annexure A14 Government Order.

(3.) The Tribunal found that there can be no challenge against the jurisdiction of the third respondent nor can applicant rely on his inability to pass the test due to the frequent transfers. It was also found that Rule 13AA does not apply to the applicant since he is a person appointed after 1972, for the reason that the same will be applicable only to appointees prior to 1972.