Kerala High Court
Dr.Anis Joseph.R vs The Kerala Agricultural University on 2 April, 2019
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 02ND DAY OF APRIL 2019 / 12TH CHAITHRA, 1941
WP(C).No. 8154 of 2019
PETITIONER:
DR.ANIS JOSEPH.R
AGED 36 YEARS
W/O.SHINE KUMAR R.V., KUMAR BHAVAN, KUZHIVILA,
KANJIRAMKULAM (P.O), THIRUVANANTHAPURAM- 695524.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.RIJI RAJENDRAN
RESPONDENT:
THE KERALA AGRICULTURAL UNIVERSITY,
MAIN CAMPUS, VELLANIKKARA, THRISSUR- 680656,
REPRESENTED BY ITS REGISTRAR.
BY ADV. SRI.ROBSON PAUL, SC,
KERALA AGRICULTURAL UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.04.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8154 of 2019
2
JUDGMENT
The petitioner, who belongs to SIUC- Nadar, claims appointment against the vacancy earmarked for SIUC on the ground that a candidate was not available for the last selection going by Rule 15(a) of K.S & S.S.R, which reads as follows:
"15.(a) The integrated cycle combining the rotation in clause (c) of rule 14 and the sub- rotation in sub-rule (2) of rule 17 shall be as specified in the Annexure to this Part. Notwithstanding anything contained in any other provisions of these rules or in the Special Rules if a suitable candidate is not available for selection from any particular community or group of communities specified in the Annexure, such vacancy shall be kept unfilled, notified separately for that community or group of communities for that selection year and shall be filled by direct recruitment exclusively from among that community or group of communities. If after re-notification, repeatedly for not less than two times, no suitable candidate is available for selection from the respective community or group of communities, the selection shall be made from available Other Backward Classes candidates. In the absence of Other WP(C).No. 8154 of 2019 3 Backward Classes candidates, the selection shall be made from available Scheduled Castes candidates and in their absence, the selection shall be made from available Scheduled Tribes candidates."
2. The vacancy, which is kept unfilled on account of the non-availability of candidate belonging to a particular community has to be notified separately and filled up only after undertaking a separate process of selection from among the candidates belonging to that particular community. Therefore petitioner, who is included in the present rank list on the basis of the notification for candidates belonging to all communities/open merit, cannot have any claim as against the vacancy earmarked for SIUC-Nadar on the ground that she belongs to the particular community. The University ought to have taken steps for notifying the vacancy of SIUC-Nadar pointed out by the petitioner and kept unfilled on account of non-availability of candidates in WP(C).No. 8154 of 2019 4 the previous selection.
It is for the University to take appropriate steps to see that the principles of reservation under Rule 14 to 17 of K.S & S.S.R is followed.
The writ petition is disposed of, accordingly.
Sd/-
P.V.ASHA JUDGE ww WP(C).No. 8154 of 2019 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTIFICATION NO.GA/K1- 21606/07 DATED 09.10.2007 ISSUED BY THE RESPONDENT UNIVERSITY.
EXHIBIT P2 TRUE COPY OF THE UNDATED NOTIFICATION ISSUED BY THE RESPONDENT UNIVERSITY.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION NO.GA/K1/ 34376/2012 DATED 03.03.2016 ISSUED BY THE RESPONDENT UNIVERSITY.
EXHIBIT P4 TRUE COPY OF THE RANK LIST DATED 19.02.2019 PUBLISHED BY THE RESPONDENT UNIVERSITY.
EXHIBIT P5 TRUE COPY OF THE E-MAIL COMMUNICATION DATED 05.03.2019 ADDRESSED BY THE PETITIONER TO THE RESPONDENT UNIVERSITY.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION/REPLY DATED 17.02.2018 ISSUED BY THE RESPONDENT UNIVERSITY DATED 17.02.2018 UNDER THE PROVISIONS OF THE RIGHT TO INFORMATION ACT.