T V BINDU Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) By notification dtd. 3/2/2003, the respondent-University initiated the process of selection for the post of Lecturer in the Department of Education. There were four vacancies. The second and the fourth vacancies were not reserved and were earmarked as 'Open' vacancies, whereas the first and the third were demarcated specially for Scheduled Castes and OBC respectively. The appellant, respondent Nos. 4 and 5 along with others applied. Their applications were considered. The Rank List was made in which the fourth respondent was placed at the first rank. The fifth respondent was positioned in the second position, whereas the appellant before us was by virtue of the marks obtained placed at the third position. The marks obtained by the appellant, respondent Nos. 4 and 5 are as follows:

(3.) This selection took place in the year 2007. The writ petition was filed in the year 2010 by the appellant. The learned Single Judge allowed the writ petition. The learned Single Judge found favour with one contention. The contention which appealed to the learned Single Judge was that the appellant was not granted the maximum marks which the appellant would have secured for the articles which the appellant had published. The appellant was given four marks out of ten. That is for the two articles which were published in what was perceived as approved journals. The complaint of the appellant was however, that the appellant had also published three articles in the journal by the name 'Experiments in Education'. The contention which was primarily taken by the University was that the appellant had not laid claim based on the articles published in the said journal. We may at once notice how the learned Single Judge dealt with the same: