K.P.JAYA Vs. UNIVERSITY OF KERALA

JUDGEMENT

(1.) PETITIONER seeks a writ of certiorari to quash Exts.P6, P9, P11 and P17.

(2.) BY Ext.P6, the appointment of the petitioner as lecturer, Department of Hindi in University of Kerala was cancelled and the third respondent has been appointed in her place. This order came to be passed on the basis of a judgment of this Court in WP(C) No.15330 of 2005 dated 2.2.2010. This Court in the said judgment found fault with the selection committee in awarding marks to the qualification obtained by the petitioner after the last date of application and it was found by this Court that the comparative merits of the candidates are to be determined for selection as on the date of application. The University was therefore, directed to re-consider the marks allotted to the parties and take a decision. On preparation of a fresh rank list after re-assigning the marks awarded to the candidates, the third respondent was found to be in the first position and hence Exr.P6 order came to be passed.

(3.) EXT .P11 is a certificate dated 19.11.1996 issued by the Tahsildar certifying that the third respondent belongs to "Hindu- Ezhava community" which is an OBC in Kerala. Ext.P17 is a certificate issued by the Tahsildar certifying that the third respondent is belonging to Hindu-Ezhava community which is designated as the backward class in the State of Kerala and that he does not belong to the category of "Creamy Layer" as per guidelines in G.O.(P) No.36/2000/SC/ST/DD dated 27.5.2000. The certificate is issued on 25.3.2003.