NAMBI RAJAN Vs. ROHIT D SOUZA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated july 14, 2008 passed by the Hon'ble Single Judge of this Court in WP No. 223 of 2007. The Hon'ble Single Judge, by the order impugned, allowed the application under Article 226 of the Constitution of India (hereinafter referred to as 'the writ petition') holding, inter alia, that the selection process for selection of three Junior Engineers (Civil) in the Port Blair Municipal Council was vitiated by illegality, that is, improper constitution of the selection committee; therefore, the appointments were bad. Liberty was granted to the Municipal Council to fill up those posts in accordance with law.

(2.) THE Port Blair Municipal Council decided to fill up three posts of junior Engineers (Civil) some time in 2002. An advertisement was published by the Municipal Council to fill up the said three posts of Junior Engineers (Civil ). At that point of time, the process of recruitment was governed by the instructions issued by the Administration; there was no statutory recruitment rules.

(3.) THE petitioner applied for his appointment. But, no further action was taken by the Municipal Council for filling up the said three posts of junior Engineers.