Dr.Radhika T vs Cochin University Of Science And ...
2023 Latest Caselaw 1932 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
            FRIDAY, THE 3RD DAY OF FEBRUARY 2023 / 14TH MAGHA, 1944
                              WP(C) NO. 38986 OF 2022
PETITIONER:

              DR.RADHIKA T.
              AGED 43 YEARS, W/O RAMADAS T.K., R/A
              THOLIL HOUSE, POTTORE P.O., TIRUR, THRISSUR DISTRICT, PIN :
              680 581, NOW WORKING AS SCIENTIST-D, CENTRE FOR MATERIALS FOR
              ELECTRONICS TECHNOLOGY (C-MET), (MEITY), ATHANI,
              THRISSUR DISTRICT, PIN : 680 581.

              BY ADVS.
              I.SHEELA DEVI
              JINCY GEORGE



RESPONDENTS:

     1        COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY,
              UNIVERSITY ROAD, SOUTH KALAMASSERY, KALAMASSERY, KOCHI,
              KERALA 682022, REPRESENTED BY ITS REGISTRAR.

     2        THE REGISTRAR,
              COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, UNIVERSITY ROAD,
              SOUTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA, PIN - 682022

     3        THE VICE CHANCELLOR,
              COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, UNIVERSITY ROAD,
              SOUTH KALAMASSERY, KALAMASSERY, KOCHI, KERALA, PIN - 682022.

              BY ADV SHRI.S.P.ARAVINDAKSHAN PILLAY, SC, COCHIN UNIVERSITY
              OF SCIENCE AND TECHNOLOGY



OTHER PRESENT:

              SHRI. S.P. ARAVINDAKSHAN PILLAY,SC,CUSAT.




     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
03.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                        SATHISH NINAN, J.
              = = = = = = = = = = = = = = = = = =
                    W.P.(C) No.38986 of 2022
              = = = = = = = = = = = = = = = = = =
            Dated this the 3rd day of February, 2023

                            J U D G M E N T

The first respondent University issued Ext.P1

notification dated 22.10.2019 inviting applications for

appointment to the post of Associate Professors in

various streams. In this writ petition we are concerned

with Sl. No.1 therein which reads thus:-

Sl.   Department/School Subject/spe Reservation                No. of
No.                     cialization                           vacancies

 1    Applied Chemistry        Inorganic           SC            1*
                               Chemistry

2. The petitioner belongs to the SC category and

she applied for the post. She attended the interview and

secured rank No.2. Ext.P2 is the rank list.

3. The first rank holder was appointed to the post.

However, after serving for an year and after her

probation was declared, she resigned and joined as W.P.(C) No.38986 of 2022

Professor at the Mahatma Gandhi University. Consequent

thereto, the post became vacant. Being the second rank

holder, the petitioner is entitled for appointment.

However, the request for appointment of the petitioner

was declined stating that, as per the communal rotation,

the vacancy that has occurred is reserved for Latin

Catholic/Anglo Indian category. The same is under

challenge in this writ petition.

4. Heard Smt.I.Sheela Devi, the learned counsel for

the petitioner and Sri.S.P.Aravindakshan Pillai, the

learned Standing Counsel for the respondents.

5. According to the petitioner, as per Section

31(10) of the Cochin University of Science and

Technology Act, 1986, the rank list remains in force for

a period of two years and the vacancies occurring during

the period is to be filled up from the said list. The

vacancy notified under Ext.P1 being one reserved for

"SC" and the petitioner being the next in the rank is W.P.(C) No.38986 of 2022

liable to be appointed.

6. The learned Standing Counsel for the University

would on the other hand contend that, on appointment of

the first rank holder, the vacancy as notified under

Ext.P1 was filled up. She left the office after

completion of probation. On the appointee giving up the

job, the post became vacant. It is a fresh vacancy.

Appointment to the said vacancy is to be done following

communal rotation in terms of Section 31(11).

7. Section 31(10) and (11) of the University Act

reads thus:-

"(10) A rank list published under sub section (9) shall

remain in force for a period of two years from the date of such

publication and all vacancies arising during the period shall be

filled up from the list so published.

(11) Communal rotation shall be followed category-wise

treating all the departments as one unit."

W.P.(C) No.38986 of 2022

8. In the counter affidavit filed by the

respondents at paragraph 5, it is stated thus:-

".....the appointments in the University were made by

maintaining roster for each category of teaching post in the

University taking the University as a single unit and the

reservation for the posts is fixed as per the roster following the

provisions of KS & SSR, 1958".

9. Though the rank list has a validity of two

years, as per Section 31(11) communal rotation is to be

adhered to. The one vacancy notified under Ext.P1, for

which the petitioner applied, was as per the communal

rotation reserved for SC. The said vacancy was filled up

by appointment. Consequent on her resignation a fresh

vacancy arose. The petitioner's claim is for the said

vacancy. On applying the communal rotation, the fresh

vacancy enures to the Latin Catholic/Anglo Indian

Category. Therefore, in respect of the vacancy that has

now occurred, the University will have to issue a fresh W.P.(C) No.38986 of 2022

notification applying the communal rotation. That being

so, the claim of the petitioner cannot he upheld.

10. Smt.I.Sheela Devi, learned counsel for the

petitioner would refer to Rule 17A of KS & SSR and argue

that, once the post is reserved for SC candidate the

issue of communal rotation does not arise and cannot

apply.

11. Rule 17A reads thus:-

"17A. Special recruitment from among the Scheduled Castes

and Scheduled Tribes.⸺ Notwithstanding anything contained in

these rules or in the Special Rules, the State Government may

reserve a specified number of posts in any service, class,

category or grade to be filled by direct recruitment exclusively

from among the members of Scheduled Castes and Scheduled

Tribes. "

12. As is evident therefrom, what is provided for

is, reservation of a specified number of posts, and not

the reservation of any particular vacancy. Therefore, W.P.(C) No.38986 of 2022

the argument based on the said Rule is also

unsustainable.

13. It is also to be noticed that, the petitioner

had earlier approached this Court in W.P.(C)

No.15183/2022 seeking appointment to the post, and the

same was disposed of by this Court as per Ext.P5

judgment with the following directions :-

"Resultantly, I allow this writ petition and set aside

Ext.P4; with a consequential direction to the competent

Authority of the CUSAT to consider appointment of the

petitioner, subject to her rank and her eligibility as per the

rules of communal rotation; which shall be done as

expeditiously as is possible, but not later than one month

from the date of receipt of a copy of this judgment."

14. Noticeably, in Ext.P5 this Court had taken note

of the need to apply communal rotation.

15. On the discussions as above, I hold that the

University was justified in declining the request of the W.P.(C) No.38986 of 2022

petitioner.

Writ petition fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 38986/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE NOTIFICATION AD.D2/136/NOTIF/2018(2) DATED 22.10.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P2 TRUE COPY OF THE RANKED LIST AS PER NOTIFICATION RECT/202047/FACULTIES-APPLIED CHEMISTRY (1) (SL NO.1-ASP) DATED 15.02.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED 02.04.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

Exhibit-P4 TRUE COPY OF THE COMMUNICATION NO.AD.D2/FR/ 2020 DATED 20.04.2022 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

Exhibit5-P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.15183/2022 DATED 08.07.2022 OF THE HON'BLE HIGH COURT OF KERALA.

Exhibit-P6 TRUE COPY OF THE ORDER NO.AD-D2/FR/2020 DATED 16.09.2022 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit-P7 TRUE COPY OF THE JUDGMENT IN CONT.CASE (C) NO.1869/2022 DATED 25.11.2022 OF THIS HON'BLE COURT.

Exhibit-P8 TRUE COPY OF THE RELEVANT PAGES OF THE ROSTER OF ASSOCIATE PROFESSOR RECEIVED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT FROM THE 1ST RESPONDENT.

Exhibit-P9 TRUE COPY OF THE RELEVANT PAGES OF THE CHAPTER V, CONSTITUTION OF SELECTION COMMITTEES OF THE 1ST RESPONDENT.

RESPONDENT EXHIBITS

Exhibit-R2(a) True copy of the University order No.CUSAT/AD(D).D2/1508/2022 dated 30.03.2022.

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