REENA GEORGE Vs. UNIVERSITY OF CALICUT

JUDGEMENT

(1.) All these Writ Petitions, except W.P.(C) No. 9785 of 2015, were filed challenging the notifications issued by the respondent -University, produced as Exhibits P3 to P5 in W.P.(C) No. 18659 2015, bearing Nos. (i) 9833/GA -II -C -SO/2013/CU, (ii) 9833/GA -II -C -SO/2013/CU(2) & (iii) 9833/GA -II -C -SO/2013/CU(3) all dated 13.04.2015. W.P.(C) No. 9785 of 2015 was filed challenging the earlier notification; in which there was an interim order that one post of Assistant Professor in Psychology should not be filled up W.P.(C) No. 9785 of 2015 is no more relevant, for reason of the subsequent notification and also the submissions made by the learned Standing Counsel for the respondent -University in answer to the other Writ Petitions. I have heard all the learned Counsel appearing for the petitioners and the learned Standing Counsel for the University and the grounds boil down to essentially three contentions. The Calicut University Act, 1975 and the Calicut University First Statutes, 1977 earlier provided for reservation in appointments department -wise, the roster being maintained as against each Department. The Act stood amended in the year 2014, as indicated in Exhibit P4 in W.P.(C) No. 18797 of 2015, by which the communal rotation was to be followed category -wise, treating all departments as one unit. The First Statutes, however, was not amended, since, as submitted by the learned Standing Counsel, the Syndicate felt that the amendment of the Act did not conflict with the First Statutes.

(2.) Here, the amendment made to the Act and the provision in the First Statutes have to be extracted. S. 6(2) of the Act, as amended, is as under:

(3.) Since the afore -extracted statute does not provide for any specific mode of reservation, this Court is inclined to accept the decision of the Syndicate of the University that since the provision is not in conflict with the Act, there would be no requirement for amendment of the statute. However, it is to be noticed that, by the amendment to the Act, R. 17A of Kerala State and Subordinate Services Rules, 1958 [for brevity "K.S. & S.S.R."] has been incorporated. Statute 9 of Chapter 3 of the First Statutes makes the amendments to the Kerala Service Rules (for brevity "K.S.R."), the K.S. &. S.S.R. and the Kerala Government Servants Conduct Rules, 1960, as amended from time to time, applicable to the First Statutes. In circumstance, since there being no conflict with the provisions of the Act and all the amendments to the rules afore mentioned being applicable to the teachers of the University, there would be no requirement for a specific amendment to the First Statutes existing as of now. The incorporation made in the K.S. & S.S.R. would stand automatically incorporated in the First Statutes. In such circumstances, even without an amendment to the First Statutes, the University could adopt the categorisation of all the departments being treated as one and apply R. 17A of K.S. & S.S.R.