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by Admin
07 May 2024 2:49 AM
In a significant judgment, the Kerala High Court, comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen, held that the Central Administrative Tribunal (CAT) does not possess the jurisdiction to directly adjudicate the genuineness of educational certificates used for the selection of staff nurses under the Lakshadweep Administration.
The case, Fayazkhan H.K. & Anr. vs. The Director of Medical & Health Services, Kavaratti & Ors., involved the challenge against the selection of the third and fourth respondents as staff nurses in Lakshadweep, questioning the authenticity of their nursing certificates.
Legal Point: The key legal point was whether the CAT had the authority to evaluate the authenticity of educational certificates in matters of staff nurse selection.
Facts and Issues: The petitioners alleged that the appointments of respondents 3 and 4 were irregular and illegal, focusing on the validity of their nursing certificates issued by the Kerala Nurses and Midwives Council and the Tamil Nadu Nurses and Midwives Council, respectively. The central issue was the jurisdiction of the CAT in dealing with the authenticity of these certificates.
Jurisdiction of CAT: The Court emphasized that the CAT cannot directly challenge the validity of certificates issued by statutory councils. This is outside the Tribunal’s jurisdiction under Section 14 of the Administrative Tribunals Act, 1985. The distinction between a direct challenge and a collateral challenge to the validity of qualifications was highlighted.
Issue of Delay and Jurisdiction: The Tribunal initially declined to intervene due to the delay in challenging the selection. The High Court, however, directed the Tribunal to reconsider based on merit, condoning the delay. Despite this, the Tribunal maintained its stance on the lack of jurisdiction over certificate validity.
Challenge Based on Late Submission of Credentials: The petitioners contended that the selected candidates submitted their credentials past the cut-off date. The Court dismissed this challenge, noting the absence of a requirement in the employment notification for submitting original certificates by the cut-off date.
Decision: The High Court upheld the Tribunal’s decision, dismissing the original petition. It was concluded that the allegations lacked merit and fell outside the CAT’s jurisdiction concerning the genuineness of certificates.
Date of Decision: February 21, 2024
Fayazkhan H.K. & Anr. Vs. The Director of Medical & Health Services, Kavaratti & Ors.
