A.M. SHAFFIQUE, J.

1. Since common questions arise for consideration in these writ petitions, the same are decided together.

2. The petitioners in W.P. (C) No. 32393 of 2010 are members of scheduled caste community. They claim to have the requisite qualification for being appointed as Lecturers in the Colleges affiliated to the Universities in the State of Kerala. But, according to them, the reservation as contemplated by Rules 14 to 17 of Kerala State and Subordinate Service Rules (for short KS & SSR) is not implemented in regard to appointment to various teaching and non-teaching posts under the aided colleges affiliated to the Universities in State of Kerala.

3. According to the petitioners, the facility of reservation is now provided only in the Colleges/Department directly run by the Universities and the Government, whereas the rules of reservation is not applied to aided colleges. Petitioners rely upon guidelines issued by University Grants Commission (UGC) prescribing the reservation policy for the year 2006 which is produced as Ext.P1. By Ext.P1, UGC by virtue of its powers under Section 20(1) of the University Grants Commission Act, 1956 (hereinafter referred to as the UGC Act) had directed effective implementation of the reservation policy in the Central Universities and those institutions deemed to be Universities receiving aid from the public funds except in minority institutions under Article 30(1) of the Constitution of India. UGC had issued the guidelines indicating that reservation is applicable to all teaching posts such as the post of Lecturers, Readers, Professors or by whatever other nomenclature the posts are known, and to all posts of non-teaching staff of all the Universities, Deemed Universities, Colleges and other grant-in-aid or research institutions and centres. The extent of reservation in such educational institutions is stated to be 15% for Scheduled Castes and 7.5% for Scheduled Tribes. Other guidelines to be followed in the matter of selecting the candidates are also mentioned. Further, clause 16 indicates that action should be initiated by the Universities so as to effect necessary amendments to the Acts/Statutes for the statutory support for reservation.

4. It is contended that despite circulating Ext.P1 guidelines to all the Universities, the same has not been implemented so far. The petitioners submits that the number of teachers in the aided colleges in the State would come to 7199 of which the number of teachers belonging to SC/ST is only 11. Petitioners also rely upon Exts.P3 and P4 to further indicate that the reservation policy has not been adhered to by various colleges. On this basis, it is contended that non-implementation of reservation for candidates belonging to SC/ST would lead to infringement of the fundamental rights of the petitioners and similarly situated candidates and therefore petitioners seek for a direction to implement Ext.P1 in the recruitment of various teaching and non-teaching posts in the aided colleges in the State and for other consequential reliefs.

5. In W.P. (C) No. 33205 of 2010, the petitioners seek the very same relief as sought for in W.P. (C) No. 32393 of 2010. They are persons belonging to Scheduled Tribe community, qualified and aspiring to the post of teaching staff in various colleges in the State of Kerala. They also seek for appropriate amendments to be made in the University Acts/Statutes for providing reservation to teaching staff of SC/ST categories in aided colleges and also for a direction to the 2nd respondent to reduce the extent of demand from respondents 3 to 27 to grant-in-aid in proportion to the deficiency of implementation of Ext.P1 guidelines.

6. In W.P. (C) No. 9140 of 2013, the petitioner being a member of Scheduled Caste community and being qualified for appointment to the post of Lecturer, complains of the Universities/Colleges not following the reservation policy of UGC and seeks to declare Rule 10 of The Kerala University