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With C.A. NOS. 4904/ 2000, 4905/2000, 4906/2000 J U D G M E N T RUMA PAL, J The appellants in the several appeals, seek to assail the cancellation of a rank list prepared for the post of Assistant Grade-II by the University of Calicut, the respondent No.1 before us. The appellants had been selected pursuant to a notification issued on 1st November 1991 inviting applications for preparation of a panel for appointment as Assistants Grade-II in the University. The selection was made after a written test and interviews and a rank list was prepared on 25th October 1995. The appellants' claim is that the rank list should have been operative for a period of three years and that the respondents were bound to appoint them to vacancies which had arisen within that period.

The respondents on the other hand have contended that there was no stipulation either in the rank list or in any University statutes stipulating that a rank list would be valid for three years. It was further stated that the University follows the procedure of the Kerala Public Services Commission and other Universities. According to Rule 13 of the Kerala Public Service Commission Rules of Procedure, the validity of a rank list was for a minimum period of one year and maximum period of three years. It is submitted that the Syndicate was fully empowered to fix the period of the rank list at 2 years. It is stated that the decision to cancel the rank list was taken in view of the prevailing circumstances which included: a) carving out of the major part of the territorial jurisdiction of Calicut University to form a new University by the name of Kannur University on 9th November, 1995, so that a large number of colleges which had been affiliated to Calicut University were transferred to the jurisdiction of Kannur University; b) the abolition of the Pre-Degree Courses by the Government of Kerala and the consequent depletion of posts. c) a ban on the appointment of non-teaching staff in the University by the Pre-Degree Course (Abolition) Ordinance which was succeeded by the Pre-Degree Course (Abolition) Act 1997 for a period of three years from the commencement of the Act. The Act came into force with effect from 3rd June, 1997. It is submitted that in any event the appellants had no right to insist on regular appointment merely because they formed part of the rank list. The respondents also submitted that in any event the appellants could not claim regularisation because they had worked temporarily as daily wagers. According to the respondents what was preserved by the order of status quo directed by this Court on 4th September 2000 was the situation prevailing under the orders of the High Court viz. provisional need based appointment as a purely stop- gap arrangement pending regular recruitment to the posts. Although the University had retained the appellants who were serving on 4th September, 2000 as daily wagers with "short breaks", the University did not need to engage assistants on daily wages any more. It is stated that two rank lists were prepared in 1995. The main list contained the names of 378 candidates. There was also a Supplementary List containing the names of 394 candidates from various communities. Sixty five candidates have been appointed from the main list and eight from the supplementary list. The last candidate appointed was ranked at Serial No. 66 in the main list. There were many candidates above the appellants who were more meritorious and that regular appointments could only be made after applying the rules of communal reservation.

In addition to this circumstance was the creation of Kannur University by which several colleges which earlier fell within the jurisdiction of Calicut University came under the aegis of Kannur University. This took place after the publication of the 1995 Rank List, and cannot be said to be an irrelevant reason for cancelling the 1995 Rank List. According to the respondents, the formation of Kannur University had rendered about 130 Assistants as excess staff in Calicut University. It is true that the Calicut University made internal adjustments pursuant to the creation of Kannur University by which certain Assistants were required to discharge the function of Section Officers but this would not take the case of the appellants much further. Matters were clearly in a state of flux. What the position would be once the transfer of the Colleges and personnel took place could not be determined.