BINITHA N K Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THESE writ petitions pertain to the appointment of Assistant Professors under the discipline of Soil Science & Agricultural Chemistry in the faculty of Agriculture under the Kerala Agricultural University (for short `the University'), the common respondent. This judgment is, in fact, an appendix to the common judgment in W.P.(C)No.14123 of 2010 and connected matters. The petitioners in W.P.(C)Nos.18637, 18681 and 19468 of 2010 have responded to the notification, issued by the first respondent University, with No.GA/K1/22966/99 dated 24.5.2000, produced as Ext.P1 in all these writ petitions. Though Ext.P1 notification was issued as early as on 24.5.2000 the respondent University did not proceed with the selection process till 2008 and at the same time, issued another notification No.GA/K1-21606/07 dated 9.10.2007 inviting applications for the same post, among other posts, confining it to the Krishi Vigyan Kendras and Externally aided projects. All of them have applied in response to the latter notification as well, but their applications were rejected on the ground of over age. However, they are included only in the rank list drawn pursuant to the former notification viz., notification dated 24.5.2000. The concerned list viz., rank list in the discipline of Soil Science & Agricultural Chemistry under the faculty of Agriculture has been produced in all these writ petitions as Ext.P3. In Ext.P3 rank list the petitioners in these writ petitions hold rank Nos.7, 11 and 5 respectively. The said writ petitions are filed seeking issuance of a writ of mandamus commanding the first respondent University to appoint the petitioners as Assistant Professors in the discipline of Soil Science & Agricultural Chemistry in the faculty of Agriculture from Ext.P3 rank list.

(2.) W.P.(C)No.36126 of 2008 has been filed by two of the applicants who responded to the very same notification dated 24.5.2000 mentioned above that culminated in Ext.P3 rank list in the other writ petitions. The first petitioner belongs to Thiyya community and the second petitioner therein belongs to Muslim community. According to them, yet another notification dated 24.9.2007 was published by the first respondent University subsequent to the notification dated 24.5.2000, which is produced in the said writ petition as Ext.P2. As per Ext.P2, applications were again invited for appointment to the post of Assistant Professors in the discipline of Soil Science & Agricultural Chemistry. According to the petitioners, their names figured only in the rank list drawn pursuant to Ext.P2 notification dated 24.9.2007 respectively at rank Nos.8 and 10. The said rank list is produced in this writ petition as Ext.P4. This writ petition has been filed mainly seeking a declaration that the action on the part of the first respondent University in keeping vacancies reserved for Ezhava and Muslim communities notified as per notification dated 24.5.2000 and Ext.P2 notification as unfilled without effecting appointment from Exts.P3 and P4 notwithstanding their availability as illegal and unconstitutional. They also seek a declaration that they are entitled for appointment as Assistant Professor in Soil Science & Agricultural Chemistry towards the 14th and 16th turns as per the roster for reservation set apart for Ezhava and Muslim communities. In fact, the petitioners in the other writ petitions have subsequently, got themselves impleaded in this writ petition as respondent Nos.6 to 8.

(3.) AS already noticed hereinbefore, Ext.P3 rank list drawn pursuant to notification dated 24.5.2000 and Ext.P4 list referred above drawn pursuant to notification dated 9.10.2007 had expired on 27.6.2010. Despite the existence of vacancies the petitioners in W.P.(C) Nos. 18637, 18681 and 19468 of 2010 were not appointed only because of the interim order dated 9.9.2009 in W.P.(C)No.36126 of 2008, even after the interim order dated 23.6.2010 in those cases, according to the petitioners therein. In the said circumstances, the question is whether expiry of Ext.P3 list in those writ petitions could be assigned as a reason for denying appointments to eligible candidates from Ext.P3 list in those cases. In the light of the judgment in W.P.(C)No.14123 of 2010 and connected matters such a reason cannot stand against such eligible candidates for consideration against vacancies occurred prior to the expiry of Ext.P3 list. In short, the respondent - University is bound to consider the entitlement of candidates included in Ext.P3 list viz., Ext.P3 list in W.P.(C)Nos.18637, 18681 and 19468 of 2010, including that of the petitioners therein, against such vacancies. In view of the judgment in W.P.(C)No.14123 of 2010 and connected matters such a consideration is to be made by the respondent- University. In the circumstances, W.P. (C)Nos.18637, 18681 and 19468 of 2010 are disposed of with a direction to the first respondent University to consider the candidates in Ext.P3 list therein, including the claim of the petitioners in the said writ petitions, in terms of the notification dated 24.5.2000 against vacancies occurred prior to the expiry of Ext.P3 list, subject to their ranks in Ext.P3 and the rules of reservation. I have already found that the petitioners in W.P.(C)No.36126 of 2008 cannot lay claim against the vacancies available for appointment in terms of the notification dated 24.5.2000 as long as they are not rank holders in Ext.P3 list referred to in W.P.(C)Nos.18637, 18681 and 19468 of 2010 which was drawn pursuant to the notification dated 24.5.2000. In view of the fact that the petitioners in W.P.(C)No.36126 of 2008 were included in Ext.P4 list mentioned in the said writ petition that was, in fact, drawn pursuant to the modified notification of 24.9.2007 viz., notification dated 9.10.2007 the claims of the petitioners therein for the 14th and 16th turns as per the roster for reservation set apart for Ezhava and Muslim communities or against open vacancies on the strength of their rank in Ext.P4 list, have to be considered in terms of the notification dated 9.10.2007. In other words, their claims could be considered only against vacancies available for filling up in terms of the notification dated 9.10.2007 from Ext.P4 list in W.P.(C)No.36126 of 2008. Expiry of Ext.P4 list also cannot be a reason for refusing such a consideration in view of the judgment in W.P.(C)No.14123 of 2010 and connected matters. Therefore, W.P.(C)No.36126 of 2008 is disposed of with a direction to the first respondent University to consider the claims of the petitioners therein against the turns as per the roster for reservation set apart for Ezhava and Muslim communities if such turns are due and also against open vacancies, viz., against vacancies occurred prior to the expiry of Ext.P4 list (Ext.P4 list in W.P.(C)No.36126 of 2010) in terms of the notification dated 9.10.2007. It is made clear that expiry of the lists mentioned above, viz., Ext.P3 in W.P.(C)Nos.18637, 18681 and 19468 of 2010 and Ext.P4 list in W.P.(C)No.36126 of 2008, shall not impede consideration of eligible candidates from Exts.P3 and P4 for appointments including the petitioners, in terms of the above directions. This shall be done by the respondent - University expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment.