P.N. SOMAN Vs. KERALA KALAMANDALAM DEEMED UNIVERSITY

JUDGEMENT

(1.) THE petitioner, working as 2nd Grade Instructor in the respondent University on daily wage basis, has filed the writ petition complaining against the authorities' not providing any relaxation of upper age limit in Ext.P5 notification for the post of Second Grade Instructor in Thimila (percussion).

(2.) BRIEFLY stated, as could be seen from Ext.P8, the experience certificate granted by the respondent University, the petitioner has been working as an Instructor intermittently on daily wage basis. Later the University, desirous of having permanent recruitment to certain posts, including that of Instructor Grade II, issued Ext.P5 notification, fixing an upper age limit of 39 years as on 1.1.2010 uniformly for all the posts notified.

(3.) AS things have turned out, no recruitment has actually taken place pursuant to Ext.P5 notification. One of the reasons assigned for this is that by the time Ext.P5 notification was issued there had been no service regulations governing the process of recruitment. Accordingly, the respondent University seems to have framed comprehensive regulations on 3.9.2014 and later issued Ext.P9 notification on 5.9.2014. A perusal of Ext.P9 makes it manifestly clear that the age relaxation has been provided only to Scheduled Castes/Scheduled Tribes and Other Eligible Communities. In other words, age relaxation has been provided on community basis rather than on the basis of past experience, if any, in the department.