Sabeesh Vs. Jyothi Kumar - Court Judgment

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.

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.