Seena S.M vs The Kerala Agricultural ...
2021 Latest Caselaw 18398 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       WP(C) NO. 18133 OF 2021
PETITIONER:

          SEENA S.M.,
          AGED 35 YEARS
          W/O. NIYAZ N SHAH, 'QASR AL-AMAL, OPP. CHRIST NAGAR
          JUMA MASJID, KESTON ROAD, KOWDIAR P.O.
          THIRUVANANTHAPURAM 695 003.

          BY ADVS.
          D.KISHORE
          MEERA GOPINATH
          R.MURALEEKRISHNAN (MALAKKARA)
          ARYA JOSEPH



RESPONDENTS:

    1     THE KERALA AGRICULTURAL UNIVERSITY,
          REPRESENTED BY ITS REGISTRAR, MAIN CAMPUS,
          VELLANIKKARA, THRISSUR 680 656.

    2     THE VICE CHANCELLOR,
          THE KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS,
          VELLANIKKARA, THRISSUR 680 656.

    3     THE REGISTRAR,
          THE KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS,
          VELLANIKKARA, THRISSUR 680 656.




          SRI ROBSON PAUL SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18133 OF 2021
                                    2


                           JUDGMENT

Petitioner, belonging to Muslim community, in pursuance to

the notification Ext.P1 seeking application for appointment to the

post of Assistant professor in Agriculture Entomology, applied and

undergone selection process.

2. On 19.02.2019 (Ext.P2) rank list was published,

petitioner figured at serial No.32. However, a separate rank list

for NCA category was published of the even date in respect of the

candidates for the post of Assistant Professor as Ext.P3 and

petitioner figured at serial No.7. The validity of Ext.P2 rank list

though expired on 18.02.2021, was extended by six months ie.,

18.08.2021. Respondents attempted to fill up the vacancy

through provisional hands resulting into filing of the writ petition

bearing No.34235/2019. This Court vide judgment dated

14.01.2021 disposed of the writ petition with a direction to

respondents to make appointment to all the existing vacancies

from the rank list prepared pursuant to notification dated

03.03.2016 ie., much prior to 19.02.2019. There were four(4)

NCA vacancies remained to be filled up from 2008 onwards. All WP(C) NO. 18133 OF 2021

the persons up to Sl.No.6 in the rank list for NCA have been

appointed except the petitioner.

3. Learned counsel for the petitioner submitted that no

doubt the petitioner is the 7th rank holder and out of three Muslim

NCA vacancies which were in existence since 06.11.2008, two

candidates have been considered for appointment but petitioner,

the next person eligible to be considered ought to have been

given the posting. Respondents were requested to accommodate

the petitioner even after the validity of the rank list, expired on

18.08.2021. In this regard submitted a representation Ext.P6

dated 23.08.2021.

4. Sri.Robson Paul accepts notice.

5. The facts as noticed above would reveal that

respondents are required to fill up the NCA vacancy from the

separate notified rank list wherein the rank of the petitioner is 7.

In view of the assertion that the candidates figuring from rank

No.1 to 6 in Ext.P3 have already been appointment and the

vacancy is occurring since November, 2018, respondents ought

to have given appointment under the NCA vacancy to the next WP(C) NO. 18133 OF 2021

available candidate during the validity of the rank list. Having

not done so even during the extended period up to 18.8.2021

gave a cause of action to the petitioner, but he was little late by

making the submission on 23.08.2021. This could not, in my

view, would be a statutory bar for the petitioner to stake claim

as respondents were obliged to take a call in view of the settled

provisions of law, in view of the judgments rendered by this

Court.

Without expressing any opinion on the merits of the matter

but keeping in view the observations noticed above, I dispose of

the writ petition by issuing directions to the Registrar, Kerala

Agricultural University to take a call on the representation made

by the petitioner by taking into consideration all the documents

submitted along with the writ petition and any other additional

documents petitioner intends to place on record and decide the

same after affording an opportunity of hearing in accordance with

law within a period of 45 days from the receipt of certified copy of

this judgment. In case the respondents find that they had faulted

in not filling up the NCA vacancy, the objection with regard to the

expiry of the rank list would not be a bar for issuing an WP(C) NO. 18133 OF 2021

appointment order in favour of the petitioner or any another

eligible candidate in case any post was available before the expiry

of the rank list.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 18133 OF 2021

APPENDIX OF WP(C) 18133/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.

GA/KI/34376/2012 DATED 3.3.2016 ISSUED BY THE 3RD RESPONDENT.

Exhibit P2 TRUE COPY OF THE RANK LIST DATED 19.2.2019 ISSUED BY THE 3RD RESPONDENT WITH RESPECT TO CANDIDATES FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR IN AGRICULTURAL ENTOMOLOGY UNDER THE FACULTY OF AGRICULTURE.

Exhibit P3 TRUE COPY OF THE RANK LIST (NCA) DATED 19.2.2019 ISSUED BY TE 3RD RESPONDENT WITH RESPECT TO CANDIDATES FOR SELECTION TO THE POST OF ASSISTANT PROFESSOR IN AGRICULTURAL ENTOMOLOGY UNDER THE FACULTY OF AGRICULTURE.

Exhibit P4 TRUE COPY OF THE NOTIFICATION NO.

GA/KI/34376/2021 DATED 17.2.2021 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE APPOINTMENT CHART TO THE POST OF ASSISTANT PROFESSOR IN AGRICULTURAL ENTOMOLOGY ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 23.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.