HISHAM A. Vs. SHAHIDA P.P.

JUDGEMENT

(1.) The original petitions essentially project the grievance of one Hisham A, who applied for the post of Primary School Teacher (PST) (Hindi) pursuant to a notification of the Lakshadweep Administration. O.A.No.453 of 2019 was filed by one Thahirabi in which there was a status quo order passed. Hisham along with two others who are the petitioners in O.P.(KAT) No.48 of 2020 approached the Tribunal contending that they are already selected and the status quo order prejudices them to no end.

(2.) The Tribunal, considering the prayers made, vacated the status quo order as per Ext.P8. While so, another person Shahida P.V; who is the first respondent in both the original petitions filed an OA before the Tribunal again without any of the affected persons in the party array. Yet again, the Tribunal passed a status quo order which is impugned in O.P.(CAT) No.48 of 2020. This order has been later, modified by Ext.P5. Ext.P5 vacated the status quo order with respect to the second and third petitioners in O.P.(CAT) No.48 of 2020 who had applied for the post of Upper PST (Hindi). Shahida having applied for the post of PST (Hindi), opposed the vacation of the status quo order insofar as Hisham A who was selected for the post of PST (Hindi). The Tribunal refused to vacate the order insofar as Hisham A who has filed O.P.(CAT) No.43 of 2020.

(3.) When O.P.(CAT) No.43 of 2020 came to us for admission, we were of the opinion that a single member could not have modified the order issued by a Division Bench. The learned Standing Counsel for the Administration submits that the modification was made only since the learned Counsel for the applicant in the O.A consented to the vacation of the order as against respondents 4 and 5. We are of the opinion that concession does not confer jurisdiction and the Tribunal ought not to have vacated the order by a Division Bench. In such circumstances, if at all the Tribunal is not sitting Division and there is an emergent need for modification of the order, what the affected persons ought to have done was to approach this Court against the status quo order passed. It is hence O.P.(CAT) No.48 of 2020 has been filed.