Kerala High Court
Dr.Chitra M.T vs Kerala Agricultural University on 13 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TH
TUESDAY, THE 13 DAY OF JULY 2021 / 22ND ASHADHA, 1943
WP(C) NO. 28815 OF 2020
PETITIONER/S:
DR.CHITRA M.T.
AGED 39 YEARS
W/O.SAJBABU S., CHARUVILA VEEDU, CHERUVICKAL, SREEKARIYAM
P.O., THIRUVANANTHAPURAM - 695 017.
BY ADVS.
C.A.MAJEED
SRI.N.B.SUNILNATH
SRI.K.H.ASIF
SMT.MOLTY MAJEED
SRI.P.B.UNNIKRISHNAN NAIR
RESPONDENT/S:
1 KERALA AGRICULTURAL UNIVERSITY
REPRESENTED BY ITS REGISTRAR, VELLANIKKARA, THRISSUR,
THRISSUR, KERALA - 680 656.
2 MS DAYANA DAVID
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER,
ASSISTANT PROFESSOR COMPUTER SCIENCE, COLLEGE OF
HORTICULTURE, KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, THRISSUR, KERALA - 680 656.
BY ADV SRI.ROBSON PAUL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28815 OF 2020
2
JUDGMENT
The petitioner being an aspirant for the post of Assistant
Professor in pursuance to the notification dated 3.3.2016, Ext.P1
notified by the respondents for filling up the post submitted an
application.
2. Learned counsel appearing on behalf of the petitioner
submitted that as per the advertisement Ext.P1, the number of
vacancy was one for the post of Assistant Professor in Computer
Science. The petitioner had undergone a written test held on
11.2.2018 as well as teaching skill and proficiency test in
Malayalam on 17.9.2018. Personal interview was conducted on
18.9.2018. The respondents published rank list Ext.P2 and the
petitioner was placed as Rank No.3 granting the community
benefit of Ezhava. It was contended that in the previous
recruitment to the said post, only three appointments were made
and the main rotation stood at turn 4E/B/T
(Ezhava/Billava/Thiyya) as per the appointment chart Ext.P3. But
WP(C) NO. 28815 OF 2020
despite that the respondents appointed 2 nd respondent against
the said post from General Category. Attention of this Court was
drawn to the chart in paragraph 4 of the writ petition whereby
the date of joining and name of faculty has been given and as per
the same, the 4th turn was for Ezhava/Billava/Thiyaa. The
petitioner sought an information under the Right to Information
Act, 2005 but despite that no reply was given and the petitioner
is constrained to approach this Court through the present writ
petition.
3. On the other hand, the learned counsel for the first
respondent, Kerala Agricultural University opposed the
aforementioned submissions on the ground that due to an
oversight some errors such as wrong entry 4E/B/T instead of 4 SC
and Sl.No.3 instead of 2 have occurred in the appointment chart
published in the KAU website in respect of the discipline -
Computer Science. In fact, the 4th turn due for SC was wrongly
mentioned as 4E/B/T. This fact is evident from the rotation
chart, Ext.R1(a). This is inconsonance with rule 14 of Kerala
State and Subordinate Services Rules, 1958. The University
WP(C) NO. 28815 OF 2020
followed all relevant rules while appointing 2 nd respondent and
the claim of the petitioner to get appointed in place of the 2 nd
respondent is not valid but not justified.
4. I have heard the learned counsel for the parties and
appraised the paper book. Appointment against the reservation
is as per the rotation as specified in the Rules ie., the Kerala
State Subordinate Services Rules 1958. Rule 14 deals with 'the
reservation of appointments'; the same reads as under:
14. Reservation of appointments. _____ Where the Special
Rules lay down that the principle of reservation of appointments
shall apply to any service, class or category, or where in the case
of any service, class or category for which no Special Rules have
been issued, the Government have by notification in the Gazette
declared that the principle of reservation of appointments shall
apply to such service, class or category, appointments by direct
recruitment to such service, class or category shall be made on
the following basis:_____ (a) The unit of appointment for the
purpose of this rule shall be 20, of which 2 shall be reserved for
Scheduled Castes and Scheduled Tribes and 8 shall be reserved
for the Other Backward Classes and the remaining 10 shall be
filled on the basis of merit:
Provided that out of every five posts reserved for Scheduled
Castes and Scheduled Tribes, one shall go to Scheduled Tribe
candidate and the remaining four shall go to Scheduled Caste
candidates and in the absence of a candidate to fill up the post
reserved for Scheduled Tribe candidates, it shall go to a
Scheduled Caste candidates and vice versa. (b) The claims of
members of Scheduled Castes and Scheduled Tribes and Other
backward Classes shall also be considered for the appointments
which shall be filled on the basis of merit and where a candidate
belonging to a Scheduled Caste, Scheduled Tribe or Other
Backward Class is selected on the basis of merit, the number of
posts reserved for Scheduled Castes, Scheduled Tribes or for
WP(C) NO. 28815 OF 2020
Other Backward Classes as the case may be, shall not in any way
be affected. (c) Appointments under this rule shall be made in
the order of rotation specified below in every cycle of 20
vacancies. 1. Open Competition 2. Other Backward Classes 3.
Open Competition 4. Scheduled Castes and Scheduled Tribes 5.
Open Competition 6. Other Backward Classes 7. Open
Competition 8. Other Backward Classes 9. Open Competition 10.
Other Backward Classes 11. Open Competition 12. Scheduled
Castes and Scheduled Tribes 13. Open Competition 14. Other
Backward Classes 15. Open Competition 16. Other Backward
Classes 17. Open Competition 18. Other Backward Classes 19.
Open Competition 20. Other Backward Classes Provided that the
fourth turn in the third rotation and the twelfth turn in the fifth
rotation shall go to Scheduled Tribe candidates and the fourth
and twelfth turns in the first, second and fourth rotations, the
twelfth turn in the third rotation and the fourth turn in the fifth
rotation shall go to Scheduled Caste candidates and in the
absence of a candidate for appointment against the turn allotted
for Scheduled Tribe candidates, it shall go to a Scheduled Caste
candidate and vice versa: Provided that the Rule shall not apply
in the following cases:____ (i) appointment of near relatives of
military personnel killed, permanently disabled or reported to be
missing in action, and near relatives of Government servants
dying in harness, if they are or have been wholly dependent on
such military personnel or Government servants, as the case may
be, subject to the condition that priority in the matter of
appointment shall be given only to one relation in the case of
each such personnel or Government servant. (ii) appointment of
disabled Jawans who are to be rehabilitated on completion of
their medical treatment. 36 Persons referred to in items (i) and
(ii) above shall be given priority in the matter of appointment to
Government service provided they possess the prescribed
qualifications.
The rotation chart specified in the aforementioned rule
shows the every cycle of 20 vacancies. As per the rotation chart
Sl.No.4 is reserved for Scheduled Castes and Scheduled Tribes
and not for Ezhava/Billava/Thiyaa. Thus the apprehension of the
WP(C) NO. 28815 OF 2020
petitioner though at one point of time when the notification
caused was justified as he was expecting an appointment having
stood at Rank No.3 against E/B/T but the fact of the matter is that
it was a mistake. There is no deviation of the provisions and
rules warranting this Court to interfere under Article 226 of the
Constitution of India.
Writ petition is accordingly dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 28815 OF 2020
APPENDIX OF WP(C) 28815/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION
NO.GA/KI/34376/2012 DATED 03/03/2016.
EXHIBIT P2 TRUE COPY OF THE RANK LIST
NO.GA/KI/34376/2012 (COMPS) DATED
19/02/2019.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT CHART WITH
DATE OF APPROVAL AS 21/02/2019.
