LAWS(KER)-2019-10-50

STATE OF KERALA Vs. ABITHA K

Decided On October 26, 2019
STATE OF KERALA Appellant
V/S
Abitha K Respondents

JUDGEMENT

(1.) The State and its Authorities had preferred this appeal, challenging the judgment dated 6.10.2016 in W.P.(C). No. 11910/2016. The writ petition was filed by the 1 respondent herein inter alia seeking the following reliefs.

(2.) The short facts of the case are as under and the parties are described as shown in the writ petition unless otherwise stated:

(3.) The learned Government Pleader while impugning the aforesaid judgment submits that even according to the petitioner, there is no dispute regarding the essential qualification for the said post. The learned Single Judge was in fact diluting the essential qualification. The very relief sought for was a declaration that the appointment of the petitioner was liable to be approved. Her request in her representation given as Ext. P6 is that a special order should be passed by the Government approving her appointment, despite the fact that she does not have the qualification as specified under the Rules. The learned Government Pleader also placed reliance on a Division Bench judgment of this Court in Swapna Sukumar v. State Of Kerala and Ors. (2013 (3) KLT 53) and also Kerala Public Service Commission v. Divya P. [2016 (4) KHC 321 (DB)].