KERALA AGRICULTURAL UNIVERSITY Vs. GOPINATHAN UNNITHAN

JUDGEMENT

(1.) These Writ Appeals arise from the decision in O. P. 9539/88. Appellant in W. A. 373/92 was not a party to the O. P. She "has filed the W. A. after obtaining leave of this court.

(2.) Short facts necessary for the disposal of these Writ Appeals are as follows:-Agricultural University invited applications for selection to the post of Professor of Statistics as per Notification dated 9.11.83. It is the agreed case that the Notification was for filling up one post of professor of Statistics. Petitioner in the O. P. applied for the post among others. A select Committee prepared a rank list of three candidates. That rank list came into force with effect from 14.5.84. Immediately after the preparation of the select list, one more vacancy in the cadre of Professor of Statistics arose. So candidates ranked 1 and 2 in the select list were appointed against the two vacancies. When a subsequent vacancy arose in the cadre of Professor of Statistics, an Associate Professor who was not included in the rank list approached this court by filing O. P. 4386/84. Petitioner in 4386/84 is the appellant in W. A. 373/92. She raised a contention in that O. P. that Notification inviting application to the post of Professor of Statistics was in relation to one post only, and against the vacancies that arose subsequently, persons ranked in the select list should not be appointed. It was further stated by her that inclusion in the select list will not confer on the candidate any right to be appointed in the vacancy which was not notified. This court granted interim stay of appointment of any person against the subsequent vacancy that arose in the cadre of Professor of Statistics. The order of stay passed by this court was extended until further orders and that was in force till the disposal of the O. P. O. P. was disposed of by judgment dated 19.11.87. Thereafter, the petitioner in O. P. 9539/88 filed representations before University seeking appointment against the third vacancy of Professor of Statistics. University by Exts. P4 and P6 communications rejected the request made by the petitioner. Hence he approached this court inter alia praying for the issuance of a writ of mandamus directing the University to appoint him as Professor in Agricultural Statistics on the strength of the inclusion of his name in the select list which came into force with effect from 14.5.84.

(3.) University filed a detailed counter affidavit disputing (he claim of the petitioner for appointment contending that the total number of vacancies notified was only one and the petitioner ranked No. 3 in the select list is not entitled to be appointed in the vacancy which arose subsequently. It was also contended that decision in O. P. 4386/84 will not help the petitioner to claim the post of Professor.