SURESH Vs. M G UNIVERSITY

JUDGEMENT

(1.) Since common questions arose for decision in these Writ Appeals, they are heard and disposed of together by this common judgment. The main point that arises for decision in these cases is whether the Mahatma Gandhi University can make appointments to more vacancies than that are notified for selection.

(2.) This appeal is treated as the main case. The appellant was the 2nd respondent in the writ petition. Respondents 2 and 3 were the writ petitioners. The 1st respondent University issued Ext. P3 notification dated 24.12.2005, inviting applications for various teaching posts under it .Item No. 16 under the said notification was for appointment to two posts of Lecturer in International Relations/Political Sciences/History/Economics in the School of International Relations. The writ petitioners were qualified for appointment to the said post. Pursuant to the said notification, the Selection Committee met on 8.3.2006,held the interview of the candidates and published the rank list on 22.5.2006.The appellant was ranked as Rank No. 2. He was an open merit candidate. Rank No. 1 was appointed in the open merit vacancy. The second vacancy was filled up by an Ezhava reservation candidate. While so, as per Ext. P1 proceedings dated 6.1.2007, one Dr. K.N. Harikumar, who was a Senior Lecturer working in the School of International Relations and Politics was relieved from the University, to enable him to join the Centre for Development Studies, Trivandrum. He availed leave without allowance from the University on 22.10.2001 and was working as an Associate Fellow in the said Centre. Since the said institution decided to absorb him, he moved for relieving him from the service of the University and the same was granted as per Ext. P1 proceedings. In the resultant third vacancy, which arose in January, 2007, Rank No. 2 was proposed to be appointed. On coming to know of this, the writ petitioners approached this Court, seeking the following reliefs.

(3.) The main contention raised in the writ petition was that the University can fill up only the vacancies notified by it and in support of that submission, the petitioners relied on the Division Bench decision of this Court in Kerala Agricultural University v. Gopinathan Unnithan,1996 1 KLT 344 and the decision of the Apex Court in Asok Kumar v. Chairman B.S. Recruitment Board, 1996 1 LLJ 1103 SC . They also relied on the decision of this Court in Rajamohan v. The State of Kerala,1997 ILR(Ker) 199.