MURALEEDHARAN NAIR Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) Question that has come up for consideration in these cases is as to whether in a single cadre post reservation for Scheduled Caste and Scheduled Tribe community and other backward community can be made either directly or indirectly by applying the rules of rotation.

(2.) Kerala Agricultural University published a notification dated 5.11.1997 inviting applications from eligible candidates for appointment to the post of Dean in the Faculty of Veterinary and Animal Sciences and also in the Faculty of Agriculture. Notification, inter alia, stated that the post of Deans in the Faculty of Veterinary and Animal Sciences and Faculty of Agriculture will be filled up by candidates belonging to backward community entitled to be appointed following rotation of R.14 to 17 of Kerala State and Subordinate Services Rules.

(3.) Petitioners who were otherwise eligible to apply for the post of Deans did not apply since the post was reserved for candidates belonging to other backward community. According to petitioners, the post of Dean is an officer post, as per S.34 of the Kerala Agricultural University Act. S.34 of the Act states that a Dean shall be a full - time salaried officer of the University and shall hold office for such period as may be prescribed. Government framed statutes in exercise of the powers conferred under S.63 of the Act which provides for method of appointment, period of appointment and powers and duties of the Dean and other salaried officers of the University. Statute 2 prescribes the procedure for appointment. As per statute 2 the Vice Chancellor has to notify the post inviting applications from qualified candidates. The applications so received should be referred to a selection committee comprising of five persons with the Vice - Chancellor himself as the Chairman of the committee. Statute also prescribes the powers and duties of the Dean of Faculty. Teaching is not one of the duties of a Dean and for the purpose of the Act, Dean is not a teacher. S.2(26) of the Agricultural University Act defines the term teacher as follows: