LATCHOUMYCANDANE CALIVARATHAN Vs. S.ANBAZHAGI

JUDGEMENT

(1.) This Writ Appeal is filed against the judgment dated 14.03.2017 of the learned Single Judge, disposing of the writ petition at the admission stage.

(2.) The writ petition was filed by the first respondent herein, who was included as Rank No.2 in the OBC category and Rank No.5 in the General category in a Select List that was prepared for appointment to the post of Assistant Professor in the Department of Environmental Science in the Central University of Kerala. Ext.P1 is the notification inviting applications to the post of Assistant Professor. In the Department of Environmental Science, four vacancies were notified, out of which, two are designated as unreserved, one as belonging to Other Backward Communities (OBC) and another one as belonging to Scheduled Caste (SC). Pursuant to the notification, a selection was conducted and a Select List was prepared, a copy of which is Ext.P3 in the writ petition. As per Ext.P3, the first respondent was ranked as No.5 (Wait List 3) in the General Category and as Rank No.2 (Wait List 1) in the OBC Category. Rank No.2 in the General Category did not join duty. Therefore, it was contended by the first respondent that, the person who was ranked as No.3 in the General Category (Wait List 1) ought to have been appointed to the vacancy in the General Category. As a result, the first respondent who was Rank No.2 in the OBC Category would have become Rank No.1 and would have been entitled to be appointed. Instead of doing so, Rank No.1 Dr.Sowjanya Sree Kandregula who was Rank No.1 in the OBC Category was appointed against the turn of the said category.

(3.) A statement was filed in the writ petition on behalf of respondents 1 and 2. According to the statement, it was contended that Dr.Sowjanya Sree who was appointed under the OBC Category had expressed her desire to continue under the OBC quota. In the said situation, the University had sought the opinion of the MHRD in the matter.