C. K. BABY PRASANNA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Appellant / petitioner questions the selection of the third respondent to the post of Associate Professor "Research Documentation and Dissemination" in State Council of Educational Research and Training (SCERT) on the ground that he was lacking educational qualification prescribed by Ext. P1 notification at the time of notification or on the last date fixed for submitting the application. He was over aged also. He was also called for interview despite he was not qualified and the internal candidates, namely, (i) Shailaja Shivaji, Assistant Professor, SCERT, (ii) Dr. K. C. Baby Prasanna, (appellant herein) and (iii) Dr. E. S. Ramesan, Assistant Professor of SCERT, the 3rd respondent herein were ranked as Rank No. 1, 2 and 3 respectively. The person ranked first, namely, Shailaja Shivaji was appointed as Associate Professor, "Curriculum Test Book and Evaluation". For the post of Associate Professor in Research Documentation and Dissemination, appellant was entitled to be appointed as she was having second rank. But, third respondent was appointed on the ground that it is a reserved post for Ezhava Community, though he was not qualified for appointment as per the notification. Apart from lack of eligibility, it is also contended that the post is a single post and rule of reservation will not be applicable. It was not notified that the post is reserved for Ezhava Community. It is further contended that third respondent was aged 48 and over aged as per notification as on 01/01/2000. According to the third respondent, by the time interview was held on the adjourned date, he has the required qualification. Learned Single Judge found that educational qualification can be disregarded in exceptional circumstances and hence his appointment cannot be set aside. Hence, this writ appeal.

(2.) Ext. P1 is the notification published inviting applications. Age prescribed as per notification is "not more than 45 years as on 01/01/2000". Educational qualifications prescribed in the notification are as follows:

(3.) On the basis of the above notification, normally a candidate below 45 years with required qualifications can apply for the post. On the basis of the above notification, several candidates (six in number) applied. In paragraph three of the counter affidavit filed by the second respondent SCERT, it is stated as follows: