AJAY Vs. SUJITH

JUDGEMENT

(1.) All these writ petitions relate to the selection and appointment to the post of Assistants in the Kerala University and the recommendations of the Upa Lok Ayukta to cancel that selection and to initiate criminal proceedings against the Vice Chancellor, Pro-Vice Chancellor and members of Syndicate. Majority of the writ petitions are filed by the candidates who are working in the University appointed on the basis of the selection in question. Some of the writ petitions are those filed by the Vice Chancellor, the Pro-Vice Chancellor and members of syndicate separately. W.P.(C).No.37082/2007 is one challenging the selection, filed by a candidate immediately after the interview; whereas W.P.(C) No.11937/2011 is one filed years after the selection, seeking implementation of Upa Lok Ayukta's recommendations. W.P.(C).No.10644/2015 is filed by the candidates who are already appointed, seeking promotion. W.P(c).No.23311/2016 is filed seeking appointment from the ranked list.

(2.) The facts in brief are that: The University of Kerala had by notification dated 3.3.2005 invited applications for selection and appointment to the post of Assistant Gr.II as and when vacancies arise, subject to approval of Government. 43358 candidates submitted their applications. 100 marks were allocated for the written test, out of which 5 marks were alloted to handwriting test. A written test was conducted on 3.7.2005. Handwriting test was conducted from 25.08.2005 to 28.08.2005. The tenure of the nominated body, which was exercising the powers of the syndicate and decided to conduct the selection, expired on 13.01.2006. The elected body of Syndicate, which took charge on 24.8.2006, constituted a selection board. In the meeting held on 5.6.2007, the selection board decided to scale down the marks to a total of 100 i.e 75 marks for written test and 25 marks for interview. Reckoning the number of vacancies as 378 as on 30.06.2007, the selection board decided to shortlist candidates equal to 5 times the number of vacancies to be called for interview and hence to call 2000 candidates for interview. A shortlist of 2114 candidates were published on 09.10.2007 on the basis of the marks secured in the written test. Interview was conducted from 111.2007 to 29.02008. The final rank list was published on 08.04.2008 containing 1401 candidates on the basis of merit. On 29.4.2008 syndicate resolved to appoint 200 candidates. Appointment orders were issued on 20.05.2008, and 170 candidates (117 under open merit and others on reservation) joined duty between 205.2008 and 3.7.2008.

(3.) One Anu S.Nair filed W.P.(C).No.37082/2007 immediately after she appeared for the interview, challenging the selection, mainly on the ground of the scaling down of marks in the written test and complaining the conduct of the interview. After appointment orders were issued, one Mr. Sujit, a former member of the senate filed complaint No.572/2008 before the Lok Ayukta alleging manipulation of marks and irregularities in the selection in order to pick and choose candidates on political considerations and association with top officials of the university. Upa Lok Ayukta passed an order to seize the OMR answer scripts. Eventhough University undertook to produce the answer scripts, they submitted that the answer scripts did not reach the University after evaluation by the outside agency, Secure Prints Ltd., at Hyderabad. On 30.09.2008, the Upa Lok Ayukta submitted a report recommending initiation of proceedings against the Vice Chancellor, Pro Vice Chancellor and the 4 members of the syndicate simultaneously recommending cancellation of rank list and appointments made on the basis of it. Challenging the report and recommendations of the Upa Lok Ayukta the University, the members of the syndicate, the Vice Chancellor, Pro Vice Chancellor as well as candidates filed writ petitions. After hearing all those writ petitions, this court as per the judgment in Dr. M.K. Ramachandran Nair and others Vs. State of Kerala and others, 2009(3) KHC 919 (hereinafter referred to as Ext.P1 judgment), directed to constitute a committee headed by Sri N. Sukumaran, Retd. District Judge. The committee submitted a report on 10.12.2010, which found malpractices in the selection. The complainant amended the complaint and impleaded the appointed candidates and members of selection board. The Upa Lok Ayukta examined the matter again and by its report dated 29.12.2011, again recommended legal proceedings against the Vice Chancellor, Pro-Vice Chancellor and members of selection board (Respondents 1, 3, and 10 to 13) and cancellation of selection, directing fresh selection. The report of the Upa Lok Ayukta is under challenge in these writ petitions except in W.P(c).No.37082 of 2007 and 2 other cases filed in 2011 and 2015 by candidates aggrieved by the denial of promotion and awaiting for appointment.