The court established that provisions for creating rank lists and communal rotation can operate simultaneously, ensuring fair appointment practices in accordance with statutory mandates.

JUDGMENT :

N.V. ANJARIA, J.

1. Leave granted.

2. These two Appeals preferred by the appellant-original petitioner, arise out of the judgment and order dated 12.07.2023 in Writ Appeal No. 534 of 2023 and order dated 13.09.2025 in Review Petition No. 1202 of 2023 respectively, passed by the Division Bench of High Court of Kerala, whereby the High Court dismissed both the writ appeal and review petition, confirming the dismissal of the Writ Petition.

2.1. In the Writ Petition, the appellant-petitioner prayed to direct respondent No. 1-Cochin University of Science and Technology, Kalamassery and its Registrar-respondent No. 2, to appoint the appellant as Associate Professor, Inorganic Chemistry (Scheduled Caste) in the Department of Applied Chemistry. It was next prayed to declare as illegal communication dated 16.09.2022 of the University rejecting the case of the petitioner for being appointed against the vacancy, which had arisen upon resignation of appointee candidate-one Dr. Anitha C. Kumar.

2.2. The appellant-petitioner staked her claim to be appointed on the basis that the appellant was ranked second in the Rank List/Wait List prepared pursuant to the recruitment process and that the appointee Dr. Anitha at rank No. 1 had resigned. While the wait list was in operation in view of Section 31 (10) of the Cochin University of Science and Technology Act, 1986 (hereinafter referred to as ‘the University Act’). The request of the appellant came to be rejected on the ground that the university would be applying the rule of rotation under Section 31 (11) of the University Act and in that view the vacancy was to be given to the candidate from Latin Catholic/Anglo Indian category.

3. The petitioner, who belongs to Scheduled Caste, applied for the post of Associate Professor pursuant to recruitment notification dated 22.10.2019. The post of Associate Professor, Inorganic Chemistry was a single vacancy notified to be filled in, which carried the scale of pay of Rs. 37,400 - Rs. 67,000/- plus Academic Grade Pay of Rs. 9,000/- (Pre-Revised). The appellant fared successfully in the selection process and placed at merit No. 2 in the Rank List published by the University authorities. The rank list came into force with effect from 15.02.2021 to remain valid for a period of two years from the date of notification, as contemplated under Section 31 (10) of the University Act.

3.1 The post in question was previously notified in the year 2005 and again in the year 2015, reserved for Scheduled Caste candidate. On both the occasions it remained unfilled for want of SC candidate. The University notified the same once again on 22.10.2019, reserving it for the Scheduled Caste category. As stated above, while the appellant was listed at rank No. 2 in the wait list, Dr. Anitha C. Kumar placed at No. 1 came to be appointed. Dr. Anitha however resigned and left the post on 30.03.2022 as she obtained appointment as Professor in the School of Chemical Sciences, Mahatma Gandhi University, Kottayam.

3.2 On 20.04.2022, respondent No. 1 rejected the request of the petitioner. The ground stated was that Dr. Anitha C. Kumar had a lien on the said post and therefore the post could not be offered to the petitioner. This decision of the respondents came to be challenged by the appellant by filing Writ Petition (C) No. 15183 of 2022 before the High Court, which petition came to be allowed, and the High Court directed the University to consider the claim of the petitioner for appointment, subject to her rank and eligibility as per the rules of communal rotation.

3.3 The appellant again submitted a request for her consideration for appointment. Respondents once again rejected the request by communication dated 16.09.2022, this time stating a different reason that pursuant to the resignation of the Dr. Anitha C. Kumar, a fresh vacancy has arisen which was needed to be filled in only by way of communal rotation by offering the same to a Latin Catholic candidate.

3.4 The appellan