STATE OF KERALA Vs. KRISHNAN NAMBOODIRI

JUDGEMENT

(1.) We think this writ appeal should succeed. We are of the opinion that the learned Judge was wrong in interfering with the assessment of the Departmental Promotion Committee in regard to the eligibility for promotion of the petitioners.

(2.) The writ peptition is a sequel to an earlier writ petition in this Court O. P. No. 377 of 1970. Ext. P-5 is a copy of the judgment in the said writ petition. The three writ petitioners; who are Tahsildars challenged their non-inclusion in the select list prepared by the Departmental Promotion Committee for promotion as Deputy Collectors in the Revenue Department. A learned Judge of this Court took the view that the procedure adopted by the Departmental Promotion Committee in making the two selections in the year 1969 was not in conformity with para. 8-A of G. O. (P) 420/Public (Rules) Department, dated 29th Dec. 1967 (Copy Ext.P-l) and that the two selections and appointments made pursuant thereto cannot be regarded as valid. The learned Judge further observed as follows:

(3.) These being the facts, we should have thought that interference with the Committee's assessment and conclusion was forbidden ground in proceedings under Art. 226. But the learned Judge, in the light of the principle of the decision of the Supreme Court in Union of India V/s. M. L. Capoor, 1974 AIR(SC) 87 recorded his conclusion thus :