The Kerala High Court recently quashed a notification issued by the University of Kerala which treated academic departments as “one unit” for the purpose of reservations to teaching posts. The High Court found that such categorization may lead to 100 percent reservation, which was not the import provisions of Article 16 (4) and 4 (A) of the Constitution of India.
The notification called for applications from reserved category candidates to teaching posts, granting 100 percent reservation and the same would amount to taking away the opportunity from the general categories to apply for the post, the Court held.
The 2017 notification in question had categorized the academic departments, which only had a solitary post, as one unit for the purpose of reservation.
Factual Background
The notification in question was grounded on a 2014 notification amending the Kerala University Act and Rule 14 of the Kerala State and Subordinate Service Rules, 1958. Rule 14(a) stated that the unit for the purpose of this rule would be 20, of which 2 posts are to be reserved for Schedule Caste/Schedule Tribes, 8 are to be for other Backward Classes and the remaining 10 were filled on the basis of merit.
Rule 14(c) provided for the appointment on a rotation basis every cycle of 20 vacancies from various categories of candidates (both optional and reserved categories). By the execution of the amendment, all departments of the University were treated as one unit for the purpose of reservation. In practice, departments having a single post were clubbed together and reservations given on a rotational basis.
In the 2017 notification, those vacancies, specified as one post in each department, were kept reserved for various communities falling under reserved categories. Thus the amendment, the notification inviting application, and another notification giving 100 reservations, which is against the mandate of several judgments were challenged before the Kerala High Court by various petitioners.
Observation of the Court
The High relied on the Supreme Court judgment in a review petition titled as Post Graduate Institute Medical Education & Research’s case vs. Faculty Association (1988), wherein the top court had said,
"Until there is plurality of posts in a cadre, the question of reservation will not arise because any attempt of reservation by whatever means and even with the devise of rotation of roster in a single post cadre is bound to create 100 percent reservation of such post whenever such reservation is to be implemented. The device of rotation of roster in respect post cadre will only mean that on some occasions there will be complete reservation and the appointment to such post is kept out of bounds to the members of a large segment of the community who do not belong to any reserved class, but on some other occasions the post will be available for open competition when in fact on all such occasions, a single post cadre should have been filled only by open competition amongst all segments of the society. There cannot be any reservation in a single post cadre.”
Thus the writ petition was allowed and the notification under the challenge was quashed.
Case Details
Before: Kerala High Court
Case Title: Dr. G Radhakrishnan Pillai v. State of Kerala
Coram: Hon’ble Mr. Justice Amit Rawal
Read Order@LatestLaws.com
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