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Sabeesh Vs. Jyothi Kumar

Sabeesh vs Jyothi Kumar

Disposition Appeal dismissed Court Kerala Decided Jul 10, 2006
~1 min read
https://sooperkanoon.com/case/726736

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
I.A. No. 783 of 2006 in unnumbered W.A. of 2006
Subject
Civil
Disposition
Appeal dismissed

Case Summary

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

- LABOUR & SERVICES Appointment: [V.K. Bali, CH, P.R. Raman & S. Siri Jagan, JJ] Post of Pharmacist in Homeopathy Subordinate Service - Special Rules for Kerala Homeopathy Subordinate Service Rules, 1999 introducing new qualifications Vacancy arising subsequent to coming into force of the said special rules Hel...

Key legal issue
Civil
Outcome / disposition
Appeal dismissed

Parties & Advocates

Appellant / Petitioner

Sabeesh

Advocate Kaleeswaram Raj, Adv.

Respondent

Jyothi Kumar

Legal References

Reported In
AIR2006Ker364; 2006(3)KLT710

Excerpt

- labour & services appointment: [v.k. bali, ch, p.r. raman & s. siri jagan, jj] post of pharmacist in homeopathy subordinate service - special rules for kerala homeopathy subordinate service rules, 1999 introducing new qualifications vacancy arising subsequent to coming into force of the said special rules held, vacancies have to be filled up only in accordance with special rules, 1999. unfilled vacancy that had arisen prior to amendment cannot be filled up by candidate not possessing amended qualifications prescribed by special rules. state government has the power to frame or amend the special rules with or without retrospective effect. mohanan k.r. & anr vs director of homeopathy, kerala homeopathy services, trivandrum & ors. - at best such a judgment may be cited as a precedent against him.orderk.a. abdul gafoor, j.1. the petitioner cannot seek leave to prefer a writ appeal against the judgment passed by a learned single judge dismissing a writ petition filed by a person similarly placed as him. at best such a judgment may be cited as a precedent against him. he can seek to get it reconsidered, if he has grounds to that effect, when he approaches on the original side. if he fails he can agitate appeal there from. he cannot therefore directly invoke appellate remedy as he is not a party affected by the judgment but only one alleged to be affected by the view taken by the authorities, which has been upheld in the impugned judgment. therefore, he has to approach on the original side.i.a. fails and is dismissed accordingly.

Full Judgment

ORDER

K.A. Abdul Gafoor, J.

1. The petitioner cannot seek leave to prefer a Writ Appeal against the judgment passed by a learned single Judge dismissing a Writ Petition filed by a person similarly placed as him. At best such a judgment may be cited as a precedent against him. He can seek to get it reconsidered, if he has grounds to that effect, when he approaches on the original side. If he fails he can agitate appeal there from. He cannot therefore directly invoke appellate remedy as he is not a party affected by the judgment but only one alleged to be affected by the view taken by the authorities, which has been upheld in the impugned judgment. Therefore, he has to approach on the original side.

I.A. fails and is dismissed accordingly.

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