VIPINRAJ N. Vs. KANNUR UNIVERSITY AND ORS.

JUDGEMENT

(1.) The common judgment dated 29.03.2017 of the learned Single Judge finally disposing of W.P.(C).Nos. 30620, 30750 and 33192 of 2016 is under challenge in these writ appeals. W.A. Nos.1445 and 1446 of 2017 are filed by the common appellant, who was not a party to W.P.(C).Nos.30620 and 33192 of 2016 after obtaining leave from this Court. The appellant claim to be a person, who has been included in the ranked list prepared by the Kerala Public Service Commission ('PSC', for short) for being appointed to the post of Assistants in the various Universities in the State, pursuant to a selection conducted. The dispute in these appeals relate to selection and appointment of Assistants to the University. W.P.(C).Nos.30620 and 33192 of 2016 were filed by the low paid employees of the Kannur University seeking a direction to make appointments to the post of Assistant, giving effect to the 4% quota earmarked for appointments from the category of low paid employees. Those two writ petitions have been allowed by the learned Single Judge. W.P.(C). No.30750 of 2016 was filed by the appellant in W.A.No.1418 of 2017 questioning the appointments made to the post of Assistants from the category of low paid employees, by the University.

(2.) The case of the petitioner in W.P.(C).No.30750 of 2016 was that he was a candidate included in the rank list published by the PSC for appointment to the post of Assistants in the Universities of Kerala. It was contended by the said person, who is the appellant in W.A.No.1418 of 2017 that, the method of appointment provided in the ordinance of the University was by direct recruitment. The power to make direct appointments was with the Syndicate. However, once such power was handed over to the PSC, it is contended that the University cannot resort to any other method of appointment. Reliance is placed on Section 3 of the KPSC (Additional functions as respects the services under the Universities) Act 2015, to point out that after the selection was handed over to the PSC, the Government had issued an order, evidenced by Ext.P1 in W.P.(C).No.30750 of 2016 prescribing qualifications and method of appointment to the post of Assistants in the University. It was contended that, as per a Government Order, the power to make appointments to the category of Assistants to all the Universities in the State of Kerala was entrusted to the PSC by the Government. Consequently, the University lost all rights to make any appointment to the said post. Therefore, it is contended that, the appointment made as per Ext.P4 dated 12.09.2014 (in W.P.(C).No.30750 of 2016) was illegal. The complaint of the persons who are ranked by the PSC are that they are deprived of their chances of getting appointments by the action of promoting persons from the category of low paid employees, which is against the rules.

(3.) In W.P.(C).Nos.30620 and 33192 of 2016, the low paid employees sought for the issue of a direction for their appointment to the post of Assistants under the 4% quota earmarked for them.