VidhiSangh

Supreme Court of India · 01/04/2025

JOMON K.K. versus SHAJIMON P. & ORS. ETC.

[2025] 5 S.C.R. 369 · 2025 INSC 425

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Summary

A candidate holding a Syrang's licence but not a current Lascar's licence was not eligible for direct recruitment as Boat Lascar in the Kerala State Water Transport Department, because Rule 6 of the Special Rules of 1975 and the advertisement made a current Lascar's licence an essential qualification which a letter of the Director of Ports could not dilute; his non-joinder before the Tribunal did not help him since he did not promptly challenge the Tribunal's order, and relief under Article 142 was refused because his entry was through an illegal process.

Issues

  1. Whether a candidate who held a Syrang's licence but not a current Lascar's licence on the last date for receipt of applications could be considered qualified for direct recruitment to the post of Lascar and appointed.
  2. Whether a higher qualification (Syrang's licence, treated by the Director of Ports as superior to a Lascar's licence) can be regarded as satisfying or exceeding the essential qualification prescribed by the statutory Special Rules and the advertisement.
  3. Whether the Tribunal's order recasting the ranked list, passed without impleading the appellant who was a selected and appointed candidate, bound him, and whether he could rely on his non-joinder after choosing to reply to the show cause notice instead of challenging that order.
  4. Whether the High Court should have entertained the writ petitions when the cancellation of appointment had given the appellant a fresh cause of action to move the Tribunal under Section 19 of the Administrative Tribunals Act, 1985.
  5. Whether this was a fit case for exercise of power under Article 142 of the Constitution.

Provisions considered

Held

Result

Appeals dismissed; High Court's common judgment dated 02.12.2019 upholding the Tribunal's direction to recast the ranked list and the cancellation of the appellant's appointment as Boat Lascar affirmed; no costs; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 369.