Sreedharan, J.

Cochin University of Science and Technology represented by its Registrar is the appellant. Appellant was the first respondent in O.P. 372/95. Petitioner in the Original Petition approached this court inter alia praying for a declaration that the post of Lecturer in Commerce under the first respondent is liable to be filled up by appointing a candidate belonging to Muslim community per Rules 14 to 17 of the Kerala State and Subordinate Service Rules and to issue a writ of mandamus directing the respondent to make appointment to the post of Lecturer in Commerce from the select list dated 4.5.1993 in accordance with Rule 15(c) of the Kerala State and Subordinate Service Rules. Learned single judge by judgment dated 18.10.1995 allowed the Original Petition and declared that the petitioner is entitled to be appointed against the vacancy of Lecturer in Commerce. That decision is under challenge.

2. The short facts necessary for the disposal of the Writ Appeal are as follows:-For filling up one vacancy of Lecturer in Commerce, Cochin, University prepared a select list containing the names of six candidates. Petitioner was ranked 6th. The post was to be filled up d