The High Court of Kerala held that reservation cannot be applied to a single vacancy. ORDER DISMISSED the appointment of a reserved category candidate and ordered the appointment of the first-ranked open category petitioner for the single post
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 15TH DAY OF NOVEMBER 2018 / 24TH KARTHIKA, 1940
WP(C).No. 23470 of 2018
PETITIONER:
DR.BINDU M.P. AGED 35 YEARS KRISHNALAYAM, 19TH MILE,CHAVASSERY (P.O.), KANNUR DISTRICT, PIN-670 702.
BY ADV. SMT.K.V.BHADRA KUMARI
RESPONDENT/S:
1 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR,CIVIL STATION(P.O.), THAVAKKARA,KANNUR, PIN-670 002.
2 REGISTRAR KANNUR UNIVESITY, CIVIL STATION(P.O.), THAVAKKARA,KANNUR, PIN-670 002.
3 SAHALA.P.M. W/O.SHAMEER.A.N., ASST.PROFESSOR IN SCIENCE EDUCATION,SCHOOL OF PEDAGOGICAL CENTRE DHARMASALA,KANNUR UNIVERSITY CAMPUS(P.O.),KANNUR UNIVERSITY, KANNUR DISTRICT, PIN-670 567.
BY ADVS. SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY SRI.P.DEEPAK SRI.M.SASINDRAN SC KANNUR UNIVERSITY SRI.SAYED MURTHALA THANGAL
OTHER PRESENT:
SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The Kannur University invited applications for two vacancies in the posts of Assistant Professor in Science Education and Mathematics Education in the School of Pedagogical Sciences. Ext.P2 is the notification dated 08.06.2018.
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subjects like Science, Mathematics, Language, Commerce, etc. The University decided to implement reservation from 2014 onwards.
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for two subjects; Science and Mathematics. On the same day, petitioner and the appointee under the subject Mathematics namely Lisha were interviewed. The University appointed Lisha in the reserved quota of Mathematical Education. Paragraph No.3 of the counter affidavit filed by the University dated 28.07.2018 indicates that she was appointed in the reservation category. If the subject wise roster cannot be followed as the subject being a single post, it has to taken as a department wise roster. In department wise roster, when there are two vacancies in a department one should go to the reservation category and other should go to open category. Lisha's appointment being in a reservation category, certainly the next turn should go to a candidate from open category. Therefore, University could only appoint the petitioner.
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subject wise reservation. In case subject wise reservation is followed and if there are more than one posts, reservation can be applied and therefore, appointment of the second respondent could have been justified. If subject wise reservation cannot be followed the entire subjects have to be pooled under the department, reservation will have to be worked out in such a way to ensure that all candidate included in the list, get opportunity. The latest counter filed by the department shows that if department wise reservation is followed, the third respondent would come under the reservation category. Anyway, the pleadings as well as the rotation chart register would clearly indicate that the University
was following subject wise reservation and not department wise reservation. The present chart shown in the latest counter affidavit cannot tally with the appointments already made because it was made following subject wise reservation. As already adverted, subject wise reservation is not possible in such circumstances.
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open for the University to apply reservation in all future vacancies falling under the department as a single unit. In view of the fact that hitherto it was followed subject wise, petitioner being the first rank holder, she should be given appointment in the place of the third respondent, as there cannot be a reservation in a single post. The appointment of the third respondent could have been justified only when there are more than one post. In view of the fact that there was only one post the appointment of Lisha was set said and in that place the petitioner is ordered to be appointed. Necessary orders shall be passed without any delay, at any rate, within one week from the date of receipt of a copy of this judgment. Petitioner shall be given full term in accordance with Ext.P2 notification.
This writ petition is disposed of as above.
Sd//-
A.MUHAMED MUSTAQUE
JUDGE
SKK/ad/181118
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APPENDIX
PETITIONER'S EXHIBITS:
| EXT.P1: | TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEAD, SCHOOL OF PEDAGOGICAL SCIENCES, KANNUR UNIVERSITY. |
|---|---|
| EXT.P2: | TRUE COPY OF THE NOTIFICATION DATED 08.06.2018 CALLING FOR THE APPLICATION FOR APPOINTMENT OF ASSISTANT PROFESSOR IN SCIENCE & MATHEMATICS ON CONTRACT BASIS PUBLISHED IN WEBSITE. |
| EXT.P3: | TRUE COPY OF THE MSC DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY CALICUT UNIVERSITY. |
| EXT.P4: | TRUE COPY OF THE M.ED DEGREE CERTIFICATE ISSUED TO THE PETITIONER BY THE M.G.UNIVERSITY. |
| EXT.P5: | TRUE COPY OF THE CERTIFICATE ISSUED BY THE U.G.C. NET. |
| EXT.P6: | TRUE COPY OF THE CERTIFICATE ISSUED BY KANNUR UNIVERSITY AWARDING PH.D IN EDUCATION ON 06.10.2018. |
| EXT.P7: | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE R.T.I.ACT ON 21.06.2018. |
| EXT.P8: | TRUE COPY OF THE NOTIFICATION DATED 07.06.2018 BY CALICUT UNIVERSITY. |
| EXT.P9: | TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER UNDER THE R.T.I. ACT DATED 26.07.2018 ISSUED BY THE INFORMATION OFFICER, SCHOOL OF PEDAGOGICAL SCIENCES, DHARMASALA. |
| EXT.P10: | TRUE COPY OF THE INFORMATION RECEIVED BY THE PETITIONER UNDER THE R.T.I.ACT ISSUED BY THE INFORMATION OFFICER, THALASSERY CAMPUS OF KANNUR UNIVERSITY DATED 26.07.2018 |
| EXT.P11: | TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER AND THE REPLY DATED 20.08.2018 RECEIVED BY THE PETITIONER |
| EXT.P12: | TRUE COPY OF THE REPLY DATED 14.08.2018 ISSUED BY THE DEPUTY REGISTRAR OF 1ST RESPONDENT UNIVERSITY TO THIS PETITIONER UNDER THE R.T.I. ACT |
| EXT.P13: | THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 4.10.2010 ALONG WITH THE COPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE OF THE 1ST RESPONDENT UNIVERSITY HELD ON 9.9.2013. |
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RESPONDENTS' EXHIBITS:
\True copy// PA TO JUDGE skk
2 issues framed by the court
Whether reservation can be applied when a subject has only a single vacancy in a department.
Whether the petitioner, as the first-ranked open category candidate, is entitled to appointment over a reserved category appointee in a single post scenario.
Dr. Bindu M.P.
Kannur University
Sahala P.M.
Registrar Kannur University
A.Muhammed Mustaque
Unknown Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
