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2023 Supreme(Online)(KER) 13581

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
DR. BINDU KUMAR – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
ADVS.BENNY GERVACIS ABI BENNY AREECKAL BEA MARY BENNY

J U D G M E N T

A.Muhamed Mustaque, J.

This original petition was filed challenging the orders of the Kerala Administrative Tribunal. The matter is related to the appointment of Principal in the Government Engineering College. The challenge made by the petitioner originally was dismissed holding that the petitioner has no locus standi on the ground that the petitioner did not apply for the post. The petitioner filed a review petition. In that, the Tribunal noted that the petitioner in fact is an applicant. However, the Tribunal noted the contention of the respondents that the petitioner does not possess the qualification. Ultimately. the Tribunal declined to interfere with the matter noting that this cannot be a subject matter of the review petition and the petitioner's remedy is to challenge the earlier order in a higher forum. This is how the petitioner approached this Court.

2. It is to be noted that the original application itself was dismissed holding that the petitioner has no locus standi. In the order in review petition itself, it is noted that the petitioner had submitted an application. Therefore, earlier finding that the petitioner has no locus standi is unsustainable.

Anywa

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