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2015 Supreme(Ker) 501

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.K. JAYASANKARAN NAMBIAR, J.
PRASANNA KUMARI. E. S, ERUVELIL WARRIOM - PETITIONER
Vs.
THE REGISTRAR, KANNUR UNIVERSITY, MANGATTUPARAMBU & ORS. - RESPONDENTS
W.P.(C).NO.33953 OF 2011 & W.P.(C).NO.19769 OF 2012
Decided On : 8.6.2015

Advocates:
Advocate Appeared:
For the Appellant : SMT. SANGEETHA LAKSHMANA.
For the Respondent: SRI. M. SASEENDRAN, SC, KANNUR UNIVERSITY, SRI. P.K. IBRAHIM, SC, KANNUR UNIVERSITY, SRI. SAJITH KUMAR V., SRI. C.P. JOHNY (ERNAKULAM).

Headnote:

Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 - Sections 38 and 39 - Eligible criteria - Determination of eligibility of a candidate in a selection process - Qualification for Appointment as Lecturers of Law - Challenged selection of the 3rd respondent-University - Petitioner is visually impaired person with 100% disability as certified by a Medical Board she acquired an LLB Degree followed by Post Graduate Degree (LLM) and also obtained National Eligibility Test qualification that is mandated by University Grants Commission for appointment as Lecturers - Notification one post of Lecturer in Department of Law was notified and was reserved for physically handicapped persons - Notification made it clear that if there were no eligible candidates from category for which post was reserved, candidates belonging to other eligible categories including open category would be considered strictly as per norms stipulated in Kerala State & Subordinate Services Rules, 1958 - Held, University be compelled to follow the age relaxation norms stipulated by the State Government while selecting candidates belonging to the physically handicapped category - Legal position assumes greater significance when one considers that very object of notification in question was to identify a physically handicapped candidate to the post.

JUDGMENT

As both these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment. For the sake of convenience, the reference to facts and exhibits is from 2011.

2. The petitioner is a visually impaired person with 100% disability as certified by a Medical Board. She acquired an LLB Degree followed by a Post Graduate Degree (LLM) and also obtained the National Eligibility Test [NET] qualification that is mandated by the University Grants Commission for appointment as Lecturers. In the year 2008, the petitioner responded to Ext.P3 notification dated 29.1.2008 issued by the Kannur University inviting applications for the post of Lecturer in Law. In the said notification, one post of Lecturer in the Department of Law was notified, and was reserved for physically handicapped persons. The notification made it clear that if there were no eligible candidates from the category for which the post was reserved, candidates belonging to other eligible categories including open category would be considered strictly as per the norms stipulated in the Kerala State & Subordinate Services Rules, 1958. The qualifications for the post of Lecturer were prescribed as follows:

Qualifications:

As per UGC norms as follows:

Lecturer:-

1. Good academic record with at least 55% of the marks or an equivalent grade of B in the seven point scale with latter grades O, A, B, C, D, E and F at masters degree level, in the relevant subject from an Indian University, or an equivalent degree from a foreign University.

2. The candidate should have cleared the National Eligibility Test (N.E.T.) conducted by the U.G.C., C.S.I.R. or similar test accredited by the U.G.C.

(Note: Candidates having Ph.D. degree in the subject concerned are exempted from N.E.T.)

Thereafter the stipulation with regard to age was prescribed as follows:

Age: (As on 01-01-2008)

Below 40 years

Usual relaxation in upper age will be given to candidates belonging to SC, ST, OBC and other categories as per University rules.

The candidates were required to submit an application form to reach the Registrar of Kannur University, and the application form was to be accompanied by attested copies of the certificates proving age, qualifications, experience, community, non creamy-layer certificate etc. The petitioner complied with the procedural conditions in the notification and submitted her application within time. Thereafter, by Ext.P4 memo dated 22.9.2010, the petitioner was directed to appear before the Selection Committee for an interview, in connection with the appointment to the post of Lecturer in Law in the University Teaching Department, on 5.10.2010. Ext.P4 memo directed the petitioner to be present on that day at the University office along with the original certificates to prove age, academic qualifications, community, experience, non creamy-layer certificate and other documents as required in the notification. It was made clear in the memo that insofar as the post was reserved for physically handicapped candidates, a certificate from the medical authority concerned had also to be produced at the time of interview. The stipulation in the notification that if there were no eligible candidates from the category for which the post was reserved, candidates belonging to other reserved category would be considered and in their absence, open category candidates also would be considered as prescribed in the notification, was reiterated. It is the case of the petitioner that when she attended the interview pursuant to Ext.P4 memo, a question was raised at the interview with regard to the age of the petitioner and the petitioner clarified to the Selection Committee that, by virtue of Ext.P5 Government order dated 29.5.1973 as also Government order dated 25.5.1984 issued by the State Government, she was entitled to the benefit of age relaxation as contemplated for physically handicapped candidates under the said Government orders. The facts in the writ













































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