SEENA J. Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) The 4 respondent, Dr. Nuaiman K.A. was appointed to the post of Assistant Professor (Journalism) in the Department of Journalism and Mass Communication, Calicut University. The petitioner, an aspirant to the very same post, seeks to quash Exhibit P3 minutes of the Syndicate Committee, resolving to appoint the 4 respondent and also Exhibit P4 consequential order passed by the 1 respondent.

(2.) The brief facts are as under:

(3.) A counter affidavit has been filed on behalf of respondents 1 to 3. In the counter affidavit, it is stated that the petitioner was an applicant to the post of Assistant Professor in Journalism pursuant to a notification issued by the University. After a due process of selection, the rank list was published on 31/12/2019. The petitioner herein was included as Serial No. 3 in the Rank List. It is contended that a duly constituted Selection Committee conducted the interview and the Rank List was prepared purely based on merit. According to the respondents, as per Sec. 6(2) of the University Act, the appointment of Assistant Professor in the Universities is to be made by clubbing together all the teaching departments as one unit for the purpose of applying the rules of reservation and rotation. The turns of filling up the vacancies in the Department of Journalism are 29 and 51A. While the 29 turn is earmarked for Open Competition Candidates, 51A would go to a Physically Challenged person. It is contended that as the 4 respondent was selected on the same standard as applied to General Category and as he stood first in the Rank List, he is bound to be treated as an own merit candidate. It is further stated that the petitioner is not entitled to get appointment, as the 4 respondent, who is the appointee, is the first rank holder in an open competition and the second vacancy would go to a physically challenged person as per the roster.