07 February, 2013

Main Points of Kerala High court Judgements

Justice T.R. RAMACHANDRAN NAIR (17/12/2012)

In the light of the above, the writ petitions are allowed. The proceedings fixing the category-wise qualifying criteria for Lectureship eligibility impugned in the writ petitions, is quashed. It is declared that all the petitioners who have obtained the separate minimum prescribed in the notification for Papers I, II and III, have cleared the NET and appropriate follow up actions will be taken to issue certificates to them within one month from the date of receipt of a certified copy of this judgment.



As mentioned herein before, the verdict passed by the learned Single Judge is rather declaratory in nature. It has been held by the Apex Court that, if the verdict is of declaratory character, it shall be made applicable to all who are similarly situated; irrespective of the fact whether they are parties to the verdict or not. This is reported in Ashwani Kumar and others v. State of Bihar and others (1997(2) SCC 1). Since the petitioners seek for the benefit of such declaratory judgment, this Court does not find any reason to take a different course.

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