LAWS(KER)-2014-2-120

K.C. ANSARALI Vs. ADMINISTRATOR

Decided On February 04, 2014
K.C. Ansarali Appellant
V/S
The Administrator Respondents

JUDGEMENT

(1.) THE selection and appointment of the petitioner as Lecturer in Botany in the District Institute of Education and Training (DIET) was quashed by the Central Administrative Tribunal. That was affirmed by this Court. That judgment stands approved by the Honourable Supreme Court of India. Thereafter, the petitioner filed original application from which this original petition arises. He sought for a relief that he may be permitted to continue until next selection is made and also wanted an experience certificate to be ordered to be issued reckoning the experience gathered as Lecturer in Botany in DIET while he continued to officiate on the basis of the interim orders. The learned Tribunal has dismissed the original application as per the impugned order stating that there is no legal right for the applicant to continue. The question whether the service gathered by continuing to officiate on the basis of interlocutory order and whether the discharge of duties and functions in such capacity, could be counted as experience, is a matter, that is not germane for decision, at this point of time. In fact, it will be too premature for any remark being made in that regard on the judicial side. We do not find any legal infirmity or jurisdictional error in the order of the learned Tribunal. This original petition fails.

(2.) IN the result, this original petition is dismissed in limine.