GIREESH BABU Vs. PAVITHRAN

JUDGEMENT

(1.) The petitioners claim that they are holders of National Trade Certificate or National Apprentice-ship Certificate in the concerned trade for being considered for appointment to the category of Workshop Attender in terms of the Special Rules for the Kerala Craftsmen Training Subordinate Service. They claim that respondents 1 to 12 do not possess such qualification; yet they have got an order from the Kerala Administrative Tribunal on the basis that Diploma in the concerned branch of Engineering with reference to the relevant trade is equivalent to the aforesaid trade certificate or apprentice-ship certificate. Petitioners say that they are aggrieved by it. They have, therefore, invoked Art. 227 of the Constitution challenging Ext. P1 order of the Kerala Administrative Tribunal issued under the provisions of the Administrative Tribunals Act, 1985. The learned counsel for the petitioners made earnest attempt to point out that Jyothi's case (K.K. Jyothi v. Kerala Public Service Commission, 2002 Supp1 JT 85 relied on by the Tribunal is not decisive and the relevant field of judge made law is occupied by different other precedents laid down by the Division Bench of this Court and also some other judgments of the Honourable Supreme Court of India.

(2.) This Court, however, even at the stage of consideration of this case for admission, had minted an order indicating that the effect of the pronouncement of the Honourable Supreme Court of India in Rajeev Kumar and another v. Hemraj, Singh Chauhan, 2010 4 SCC 554 needs to be considered. Hence, notice was issued before admission.

(3.) We have heard the learned counsel for the petitioners and the learned counsel for the private respondents.