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Author Topic: Validity of contradicting high court orders - A doubt  (Read 751 times)

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Offline samkzd

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Validity of contradicting high court orders - A doubt
« on: March 11, 2016, 02:07:37 AM »
Sir,
I am from Kerala. The matter is connected with distance degrees and special rule of vocational higher secondary department of Kerala. The special rule deals with rules and  Qualifications required for teaching posts in the department . The rule 4 where stated the academic qualifications allows approved degrees as welI as equivalent Qualification. But a Note called Note 1 insisted regular course of study

During 2008 , Kerala high court division bench had given a favourable order. The recruiting body, Kerala Public Service Commission exclude the appealent from rankedList and she  filed petition. Single bench  gave a favourable verdict and KPSC appealed against it. The division bench approved earlier stand and said the Note 1 is general and rule 4 is specific and hence the degree acquired through distance mode is not an excuse to disqualify the petitioner.
Later many teachers who was appointed in Aided School  filed for benefit of this verdict when their appointment approval is rejected by department . The court allowed all .
During 2009, PSC again disqualified two persons for the same reason . They approached kerala Administrative Tribunal [KAT]. KAT ordered in favour of psc . The parties filed appeal in High Court. But the division bench containing different judges gave verdict in favour of psc in 2014

Now I am also in such a situation where interpretation of Note 1 of the rule decide my promotion-  Can I claim the benefit of the HC order in 2008? The 2008 order were not submitted or discussed in the 2014 order. Both are verdicts of division bench and no SLP filed for both - Authorities are rejecting promotion on  account of 2014 order,
Can anyone help us to say about validity of the 2008 order

Offline advjaibansal

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Re: Validity of contradicting high court orders - A doubt
« Reply #1 on: May 18, 2016, 08:29:30 AM »
Dear Sir,

Division Bench Order will follow.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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