THE SECRETARY, NSS COLLEGE CENTRAL COMMITTEE (MANAGER N.S.S COLLEGES N.S.S HEAD OFFICE, CHANGANACHERRY Vs. REJIKUMAR KARIMPOLIL HOUSE AND OTHERS

JUDGEMENT

(1.) These appeals are all filed against the common judgment of the learned Single Judge dated 25.5.2015 disposing of W. P. (C) Nos. 32393 and 33205 of 2010 and 9140 of 2013. As per the judgment appealed against, the following directions have been issued:

(2.) The essential question that arises for consideration in these appeals is therefore whether the direction to make provision for providing reservation to SC/ST candidates in the matter of appointments of teaching as well as non-teaching staff in aided non-minority institutions is justified or not.

(3.) Before considering the above question, it is necessary to take note of the brief facts in these cases. W.P. (C) No. 32393 was filed by a number of persons belonging to Scheduled Castes claiming that they were all qualified for appointment to the teaching posts in different subjects in various Colleges both in the Government as well as aided sector. According to them, they were aggrieved by the non-implementation of reservation, especially contemplated by Rules 14 to 17 of Part I of the Kerala State and Subordinate Service Rules (KS and SSR for short) in appointments to various teaching and non-teaching posts under the aided Colleges affiliated to various Universities in the State of Kerala. Though the University Statutes and Regulations contemplate reservation to various communities including SC and ST, such reservation is being implemented at present in the Government Colleges and Departments of the different Universities only. Though the teachers and other staff of aided Colleges are also being paid their salaries out of State funds pursuant to the Direct Payment Agreement executed by such institutions with the Government, they have implemented the policy of reservation in the matter of appointments made by them. In paragraph 3 of the writ petition, it has been averred as follows: