SUNDARESA KAMATH Vs. KITTY LOPEZ

JUDGEMENT

(1.) When C.M.P. No. 917/91 came up for orders, counsel appearing on either side prayed for disposal of the original petition itself. Accordingly I heard them at length. I am disposing of the original petition.

(2.) A post of Lecturer in German lay vacant in the College for Women, Thiruvananthapuram. Since there was delay in making regular appointment to the post, the vacancy was reported to the Professional and Technical Employment Exchange, Thiruvananthapuram. That Exchange sponsored petitioner, 5th respondent and Smt. N. K. Sarala. An interview was held of all these three candidates on 21-8-90 for selecting one. 5th respondent who was aged more than 49 years on the date of interview, was selected and appointed as per Ext.R3(a) order dated 22-8-90 for a period of 3 months or till a regular hand advised by the P.S.C. is appointed whichever is earlier. This appointment is under challenge.

(3.) Eventhough various grounds have been raised in the O.P. including malafides, I do not think it necessary to examine all those contentions except the one based on R.9(a)(i) of the Kerala State and Subordinate Service Rules, hereinafter referred to as the General Rules.