Kerala High Court
Manu Krishnan K vs Kerala Ayurvedic Studies And Research ... on 17 October, 2024
2024:KER:77765
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TH
THURSDAY, THE 17 DAY OF OCTOBER 2024 / 25TH ASWINA, 1946
WP(C) NO. 21279 OF 2024
PETITIONER/S:
MANU KRISHNAN K,AGED 32 YEARS
S/O.KRISHNAN, REDISING AT KRIPA PALACE ROAD, NORTH
PARAVUR, ERNAKULAM, PIN - 683513
BY ADVS.
S.SUJIN
NITA.N.S.
T.N.GIRIJA
B.BILWIN
N.BHARAT
KEERTHI M.
POOJA SURENDRAN
RESPONDENT/S:
1 KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY
KOTTAKKAL, P.O EDARIKODE, MALAPPURAM REPRESENTED BY
ITS EXECUTIVE DIRECTOR, PIN - 676501
2 THE EXECUTIVE DIRECTOR
KERALA AYURVEDIC STUDIES AND RESEARCH SOCIETY,
KOTTAKKAL, P.O EDARIKODE, MALAPPURAM, PIN - 676501
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF HEALTH
AND FAMILY WELFARE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV JAWAHAR JOSE
Adv.Sarojini K.G, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
17.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 21279 of 2024
2
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JUDGMENT
The petitioner is an Ayurvedic Doctor with a degree of
Bachelor of Ayurvedic Medicine and Surgery (BAMS) and MD in
Rachana Sareeram. The 1st respondent, has issued Ext.P1
notification inviting applications from the qualified hands for
getting appointed as the Assistant Professor in Rachana
Sareeram (Anatomy) in the Vaidyaratnam PS Varier Ayurveda
College, Kottakkal. In Ext.P1, applications were invited to fill up
one vacancy of Assistant Professor from open merit. In
response to the same, the petitioner submitted an application
and he participated in the selection process. Ext.P3 is the rank
list prepared by the respondent on 11.04.2023, in which the
petitioner was included as the rank No.2. As against the
vacancy notified, Sri. Harikrishna Kamath S, the first rank
holder, was given an appointment, and he is now working in the
said vacancy.
2. In the meantime, another vacancy arose in the said
college, on 01.06.2024 and according to the petitioner he being
the second rank holder as per Ext.P3 rank list, he has to be
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considered for appointment in the said vacancy. It was pointed
out that, in Ext.P3 notification of the rank list, it is specified that
the rank list will be in force till the publication of a new rank list
after the expiry of a minimum period of one year or till the
expiry of three years whichever is earlier. Therefore, it was
contended by the petitioner that, since the rank list was valid as
of the date of occurrence of the vacancy, going by the tenure
referred to in Ext.P3, he should be granted appointment against
the said vacancy, which subsequently arose. The writ petition
was submitted in such circumstances seeking the following
reliefs:
"i. To issue a writ of mandamus of any other appropriate writ,
order or direction directing respondents 1 and 2 to make
appointment to the post of Assistant Professor in Rachana
Sareera (Anatomy) from the rank list Ext P3 immediately
without any further delay;
ii. Dispense with the translation of vernacular documents;
iii. To grant such other reliefs which this Hon'ble Court may deem
fit and proper in the nature and circumstances of the case
interest."
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3. A counter affidavit was submitted by the 1 st and 2nd
respondents denying the rights of the petitioner to claim an
appointment and subsequently an additional counter affidavit
has been submitted by them wherein, they explained the
circumstances under which the endorsement regarding the term
of the rank list, which was relied on by the petitioner, happened
to be incorporated in Ext.P3. According to them, the same was
a mistake, and the 1st respondent never made a decision to
keep the rank list valid for such a period.
4. Heard, Sri.N.N.Sugunapalan, the learned Senior
counsel appearing for the petitioner and Sri. Jawahar Jose, the
learned counsel appearing for the respondent.
5. The only question that arises for consideration is
whether the petitioner can claim an appointment on the
strength of being included in the Ext.P3 rank list as against the
vacancy which arose subsequently. According to the learned
Senior counsel, since the rank list was valid as per the Ext.P3
notification, till the publication of new rank list after a minimum
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period of one year or till the expiry of three years, whichever is
earlier, the petitioner should have been given an appointment.
6. However, the learned counsel for respondents 1 and 2
contends that the petitioner cannot claim any right to get an
appointment in respect of the vacancy which arose on
01.06.2024 in view of the fact that, Ext.P3 was prepared on the
basis of a selection process conducted as notified in Ext.P1
wherein, the vacancy notified was only one. Therefore, as soon
as the said vacancy is filled up from Ext.P3 rank list the said
rank list is exhausted and hence the further claims cannot be
put forward by the persons included in the said rank list. The
learned counsel placed reliance upon the decision rendered by a
Full Bench of this Court in Bindu B Kumar v. Guruvauyur
Devaswom [2024 KHC Online 854].
7. Evidently, Ext.P1 was issued for filling up only one
vacancy and in the said vacancy the rank No.1 in Ext.P3 was
given appointment. In Bindu B Kumar case (supra) this
question was specifically considered by the Full Bench of this
Court and after examining a series of decisions, it was
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categorically held that, the vacancies cannot be filled beyond
the number advertised in the notification. It was also observed
that the scope of recruitment has to be confined to the specific
number of vacancies specified in the requisition and the merit
list prepared by the commission is applicable only within the one
year of validity period or until those vacancies are filled. Once
the specified vacancies are filled up or the one year period
expires, the list is exhausted and it cannot be used to fill new
vacancies that arise thereafter. Thus it is evident that, this
Court laid down the proposition of law in this regard, by making
it clear that once the appointments are made against the
vacancies notified as per the notification, the rank list prepared
in this regard will be exhausted and the persons included in the
rank list and remaining without appointments, will not have any
right to claim for appointment against the vacancies arose
during the currency of the list.
Thus, in the light of the legal proposition laid down by this
Court, in the above referred decision, the contention raised by
the learned senior counsel for the petitioner, cannot be
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accepted. In such circumstances, the relief sought by the
petitioner in this writ petition cannot be entertained and
accordingly this writ petition is dismissed.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
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APPENDIX OF WP(C) 21279/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ERRATUM NOTIFICATION
DATED 21/01/2020 ISSUED BY THE 1ST
RESPONDENT
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
17/08/2022 IN W.P.(C) NO.25624/2022
Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED
11/04/2023 PUBLISHING THE RANK LIST FOR
THE POST OF ASSISTANT PROFESSOR IN
RACHANA SAREERA
RESPONDENT EXHIBITS
Exhibit-R(1)(a) True copy of the decision of the
Executive Committee dated 9-11-2021.
Exhibit-R(1)(b) True copy of the decision of the
Governing Body dated 4-12-2022.
Exhibit-R(1)(c) True copy of the rank list dated 15-11-
2016 to the post of Assistant Professor
in Dravyagunavigyan.
