PRASANNA Vs. KERALA UNIVERSITY

JUDGEMENT

(1.) PETITIONER belongs to Vanika Vaisya , a member of the other backward community.

(2.) UNIVERSITY of Kerala had issued a notification No. Ad.H ( i )/260/93 dated 16. 11. 199 3 inviting applications for various posts. One of the posts to which applications were invited was Reader in the Department of Law. Notification, Ext. P1, stated that the post of Reader in Law was reserved for a member of Ezhava Community. Notification stated that for reserved posts, candidates belonging to that community alone need apply. Petitioner who also belongs to either backward community had applied for the post of Reader in law. His application was, however, rejected by Ext. P2 communication, since he did not belong to Ezhava community.

(3.) APPOINTMENT to various teaching and non-teaching posts in the Kerala University is governed by provisions of the Kerala University Act, 1974, as well as Kerala University First Statutes, 1997, and the Kerala University First Ordinances, 1978. S. 6 (1) of the Act says that no person shall on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the university or membership of any of the authorities or bodies of the University or admission to any degree or course of study in the University, S. 6 (2) is extracted below for easy reference: "in making appointment by direct recruitment to posts in any class or category in each department under the University, or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of R. 14 and Rr. 15 ,16 and 17 of the Kerala State and subordinate Service Rules, 1958 as amended from time to time. " Above mentioned statutory provision shows that no person shall on grounds of religion, race, caste, sex, descent, place of birth be discriminated against in respect of any employment or office under the University. In making appointment by direct recruitment to posts in any class or category in each department under the University, or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of R. 14 and Rr. 15 to 17 of ks & SSR, as amended from time to time.