SHINI.K.M. Vs. RESHNA.A.M.

JUDGEMENT

(1.) This Review Petition is filed on various grounds of errors apparent on the face of the record. It is first contented that this Court has committed an error in the interpretation of the Kerala Public Service Commission (Additional Functions as Respects the Services under the Universities) Act (for short, 'Act 18 of 2015')[Ground-A]. Then it is argued that while the executive order issued by the Government in consultation with the Public Service commission was upheld it was omitted to be noted that there was no consultation with the University [Ground-B]. It is further pleaded that the list prepared by the University was never challenged and that even the Government did not raise cudgels against the power of the Syndicate to extend the period of validity of the list [Ground-C]. That the aspect of the PSC not having power to carry out a selection without framing the rules was not considered [Ground-D]. That the Act of 2015 was only prospective and it was never intended that the selection already carried out by the University is interfered with [Ground-E].

(2.) We have considered each of the Grounds above stated. We found, in the judgment, that Act 18 of 2015 overrides the statutory scheme by Section 3(1), a non- obstante clause, which negatives Ground-A in the review petition.

(3.) Likewise, with respect to Grounds-B and D we have specifically found that there is a procedural irregularity in the Government having not made consultation with the University. But all the same, we found that the Government had consulted the PSC, who had advised issuance of an executive order; which executive order also was in tune with the statutory prescriptions of the University itself. The expediency in making appointments to posts was found worthy of ignoring the procedural irregularity. It was also noticed that the executive order, issued by the Government, was in consonance with the University Statutes.