ALI Vs. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT

JUDGEMENT

(1.) In both these writ petitions the petitioners are challenging the gradation list of Section Officers (Ext. P6 in WP (C) No. 1118/2008 and Ext. P5 in WP (C) No. 16289/2008) published by the University. Since common questions arise in the writ petitions, they are disposed of by a common judgment.

(2.) The contentions raised in both the writ petitions are identical. The petitioner in Writ Petition No. 1118/2008 is presently working in the cadre of Section Officer Higher Grade in the first respondent University. The petitioner in Writ Petition No. 16289/2008 is also working as Section Officer Higher Grade in the same University. The notification inviting applications was published by the University on 04/12/1999. Ext. P2 in Writ Petition No. 1118/2008 is the rank list published by the University after completion of the selection process. In the rank list there were five candidates belonging to Muslim community. Respondents 2 and 3 were serial Nos. 6 and 10. Petitioners were serial Nos. 23 and 28 and Mr. Noorudeenkutty was serial No. 29. The petitioners were appointed as per order dated 05/04/2000. Prior to the appointment, the candidates eligible for community reservation were directed to produce non creamy layer certificates and accordingly the petitioners submitted the same and obtained the benefit of reservation. Altogether 20 candidates including petitioners and party respondents were appointed. The party respondents did not produce non creamy layer certificates and they were selected against open competition turn.

(3.) In the provisional gradation list published as per Ext. P6 by the University, seniority was assigned to respondents 2 and 3 above the petitioners. Respondent No. 2 was assigned serial No. 6, the third respondent was assigned serial No. 11 and the petitioners were assigned serial Nos. 16 and 19.