MINIMOL Vs. SANKARACHARYA UNIVERSITY OF SANSKRIT

JUDGEMENT

(1.) Petitioners in WP (C) Nos. 3607/2006, 3201/2006 and 2898/2006 are the appellants herein. Writ petitions were filed challenging the appointments made by the Sree Sankaracharya University of Sanskrit, to the post of Integrated Class IV employees. Petitioners in WP (C) No. 3607/2006 and 3201/06 responded to the notification dated 30/05/2005 issued by the first respondent inviting applications to the post of Integrated Class IV employees. The notification, in so far as it is relevant, prescribed educational qualification as 'ability to read and write'. Pursuant to the applications made by them, they were called for a written test on 20/09/2005 and both of them had appeared. Thereafter memos were issued requiring them to appear for an interview and although they reported for the same, they were refused to be interviewed for the reason that the respondents had decided to exclude candidates who had passed Pre degree examination. It is in the aforesaid circumstances that the writ petitions were filed seeking to quash further proceedings initiated by the first respondent for selection to the post of Integrated Class IV employees and to declare that their elimination from the selection process on the ground that they possess the qualification of Pre degree to be illegal and violative of Art.14 and 16 of the Constitution. They had also sought consequential reliefs.

(2.) These writ petitions, along with the other cases filed, raising identical contentions were heard by a learned Single Judge and were dismissed by judgment dated 24th March, 2006.

(3.) In the appeal, Registrar of the University filed a counter affidavit stating that the post was intended for those with lesser qualification or no educational qualifications and the purpose of the notification was to give opportunity in public employment to those with lesser or no educational qualification and it was therefore that the qualification prescribed was only ability to read and write. According to the respondents, allowing the degree holders to compete with those who have no qualification, itself will be violative of Art.14 of the Constitution in as much as it amounts to treatment of unequals as equals. On the practical side also, it was stated by the first respondent that if degree holders are appointed to Class IV posts, such appointees will not stick on to the post. The first respondent stated that taking into account the aforesaid facts, the Sub Committee of the Syndicate in their meeting held on 02/07/05, passed Ext. R1(a) resolution stating that 12,041 applications were sold and as the number of applications expected was too large, it was necessary to screen the applicants and to prepare a short list. In pursuance to the above, the Sub Committee decided to shortlist the applicants by eliminating applicants who have passed Plus Two and above.