Jayesh K. Vs. Union of India and Others

Jayesh K. vs Union of India and Others

Type Court Judgment Court Kerala Decided Feb 01, 2013

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https://sooperkanoon.com/case/1012958

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Citation: sooperkanoon.com/1012958
Court: Kerala High Court
Judge: Honourable Mr.Justice K.Vinod Chandran
Decided On: Feb 01, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Jayesh K.

Respondent

Union of India and Others

Excerpt

.....and challenging career". ext.p4: copy of the application of appeal together with covering letter dated 22 12.2006. ext.p5: copy of the medical fitness certificate dated 01 05.2007. respondent's exhibits: nil //true copy// p.a. to judge lsn k. vinod chandran,j.--------------------------------------- w.p. (c) no. 5236 of 2007 ---------------------------------------- dated this the 1st day of february, 2013 judgment the above writ petition was filed challenging the non-inclusion of the petitioner in the short-list prepared for the post of an airman in the indian air force pursuant to a notification. a learned single judge of this court has, by judgment dated 29.05.2012 in w.p.(c) no. 12023/2007, considered a similar issue and found that there were only 192 vacancies and the merit list was prepared containing 192 persons with a wait list of 66 persons all having 42% marks and above; and the said action cannot be said to be arbitrary or unreasonable. the petitioner in the instant writ petition also obtained only less than 42 percent marks, which was the cut off marks prescribed on the basis of the short-list prepared as above by the official respondents. in the circumstances, following the above said judgment, the writ petition is dismissed leaving the parties to suffer their costs. k.vinod chandran judge. lsn/-

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 1ST DAY OF FEBRUARY 2013 12TH MAGHA 193 WP(C).No. 5236 of 2007 (W) -------------------------- PETITIONER(S): -------------------------- JAYESH K., S/O. P.M.KRISHNAN NAMBOODIRI, MANKULATH ILLATH, P.O.CHALAKODE, VIA PAYYANNUR, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF DEFENCE, NEW DELHI.

2. THE CENTRAL AIRMEN SELECTION BOARD, REPRESENTED BY THE PRESIDENT, CENTRAL AIRMEN SELECTION BOARD, P.O.NO.11807, NEW DELHI-110 010.

3. THE COMMANDING OFFICER, NO.14 AIRMEN SELECTION CENTER, VII/302-B, VAYUSENA ROAD, KAKKANAD, KOCHI-682 030, ERNAKULAM DISTRICT. R1 TO R3 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5236 of 2007 (W) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE NOTIFICATION WHICH APPEARED IN MATHRUBHUMI DAILY DATED 26 11.2006. EXT.P2: COPY OF THE CERTIFICATE DATED 22 12.2006. EXT.P3: COPY OF THE NOTE OF SELECTION PROCEDURE WHICH APPEARED IN THE BROCHURE TITLED "INDIAN AIR FORCE OFFICERS: BRIGHT AND CHALLENGING CAREER". EXT.P4: COPY OF THE APPLICATION OF APPEAL TOGETHER WITH COVERING LETTER DATED 22 12.2006. EXT.P5: COPY OF THE MEDICAL FITNESS CERTIFICATE DATED 01 05.2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE LSN K. VINOD CHANDRAN,J.

--------------------------------------- W.P. (c) NO. 5236 of 2007 ---------------------------------------- Dated this the 1st day of February, 2013 JUDGMENT

The above writ petition was filed challenging the non-inclusion of the petitioner in the short-list prepared for the post of an Airman in the Indian Air Force pursuant to a notification. A learned Single Judge of this Court has, by judgment dated 29.05.2012 in W.P.(C) No. 12023/2007, considered a similar issue and found that there were only 192 vacancies and the merit list was prepared containing 192 persons with a wait list of 66 persons all having 42% marks and above; and the said action cannot be said to be arbitrary or unreasonable. The petitioner in the instant writ petition also obtained only less than 42 percent marks, which was the cut off marks prescribed on the basis of the short-list prepared as above by the official respondents. In the circumstances, following the above said judgment, the writ petition is dismissed leaving the parties to suffer their costs. K.VINOD CHANDRAN JUDGE. lsn/-

Same Court & Year Kerala · 2013 Same Parties Jayesh K. vs Union of India and Others Same Subject Land Acquisition Same Judge Honourable Mr.Justice K.Vinod Chandran