ERNAKULAM REGIONAL CO OPERATIVE MILK PRODUCER S UNION LTD. v. DEJO JACOB

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. OF 2024 (ARISING OUT OF SLP (CIVIL) NO. 4848 OF 2023)

ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS’ UNION LTD.

1. Leave granted.

2. Heard Mr. Chander Uday Singh, learned senior counsel appearing

for the appellant. Also heard Mr. Romy Chacko, learned senior

counsel appearing for the respondent No. 1.

3. The challenge here is to the judgment and order dated

17.08.2022 in the Writ Appeal No. 1130 of 2021 whereunder the

judgment rendered by the learned Single Judge rejecting the Writ

Petition (C) No. 20861 of 2020 was substituted by the judgment of

the Division Bench.

4. The appellant - Ernakulam Regional Co-operative Milk

Producers’ Union Ltd. issued the recruitment notification dated

25.10.2019 (Annexure P/2), inviting applications for, inter alia,

the post of Technician (General) Grade-II and Plant Attender Grade-

III. The respondent No.1 applied for both posts, participated in

the written test and secured 38.5% marks for the post of Plant

Attender Grade-III and 14.25% marks for the post of Technician

(General) Grade-II, which prescribe 50% cut-off marks.

5. As the respondent No.1 was not selected, he filed the Writ

Petition (C) No. 20861 of 2020 and in paragraph 7 of the said Writ

Petition, the respondent No.1 confined his claim for the post of