UNNIKRISHNAN P P Vs. BALISH P P

JUDGEMENT

(1.) Two writ petitions were preferred as O.P.No.15723/2002 and W.P.(C) No.5393/2004 by the petitioners, who were applicants, challenging the selection process followed by the University of Calicut for appointment to the post of Light Motor Vehicles Driver in the year 2002 on the ground that it was a farce one. The writ petitioner in O.P. No.15723/2002 had passed the written test, whereas the petitioner in W.P.(C) No.5393/2004 had not. After the written test, a practical test and an interview were conducted, the legality and correctness of which was taken up in challenge by the petitioner in O.P. No.15723/2002. According to him, the then Vice Chancellor, who was about to retire by the 3rd week of June, 2002, caused the entire selection procedure contemplated by the statute to be done in a haste before his retirement for reasons, unknown. According to him, the Vice Chancellor did not consult the other members of the selection committee about the procedure to be followed and thereby let the selection procedure to be conducted at his whims and fancies.

(2.) The writ petitioner in W.P.(C) No. 5393/2004 also attacked the written test, which was conducted as one part of the selection process on the reason that the Notification that invited the application does not provide for that. According to him, the Notification proposed a selection procedure which takes in only a practical test and interview. It is contended by the writ petitioner that in view of widespread complaints about the whole selection process followed by the University, an enquiry was directed to be conducted by the Vice Chancellor and that culminated in Ext.P4 Enquiry Report, which according to the writ petitioner is self explanatory about the irregularity involved in the selection process and accordingly, he seeks to cancel the entire selection process and for the conduct of a fresh selection from among the candidates, who applied pursuant to the Notification dated 28.12001.

(3.) In O.P. No.15723/2002, the University did not chose to file a statement.