P M SUHAIL Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) These writ petitions arise out of a situation relating to the recruitment to the category of 'Integrated Cadre of Last Grade Employees Peons / Watchman' in the University of Calicut, which is at Serial No. 34 in the schedule following Chapter XV of the Calicut University First Ordinances, 1978, hereinafter referred to as the 'First Ordinances' made by the Government of Kerala in exercise of powers conferred by S.82 of the Calicut University Act, 1975, hereinafter referred to as the 'Act'. The said statutory provision envisages recruitment to that category by direct recruitment and category change in the ratio 4:1 among direct recruits and category change recruits. While direct recruitment is to be made on the basis of merit inviting applications by such method as the Syndicate may decide, category change is to be made from the cadre of Sweepers / Water bearer boys, Grounds man etc. who have completed five years' service.

(2.) With the statutory rules being in place as above, the University issued notification dated 20/06/2005 inviting applications.

(3.) It appears that there are casual labourers included in Casual Labourer Rolls (CLR) engaged by the University for different purposes. Some of them and their Association moved this Court and obtained a direction for consideration of a claim propounded by them, to wit, they be also included in the zone of choice for appointment to the Integrated Cadre of Last Grade Employees. Later, stating that the case of the CLR workers is under the active consideration, certain further directions were also sought for to expedite the matter. The Syndicate of the University ultimately issued a decision in its meeting on 29/12/2005 with item No. 2005.764 in the Agenda, by which, it proposed to provide 50% break up of the total number of vacancies of Integrated Cadre of Last Grade Employees by dividing it equally among the direct recruits and the CLR workers. By this process, the statutory entitlement to four out of every five vacancies due to the direct recruits shrunk. Equally, those eligible for appointment for category change were totally thrown out from the field of choice. This situation has led to the writ petitions in hand.