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2016 Supreme(Ker) 662

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
PRASANNAKUMARI E.S.- Petitioner
Vs.
THE REGISTRAR, KANNUR UNIVERSITY – Respondent
WP(C).No. 21117 of 2016
Decided on : 16-11-2016

Advocates:
Advocate Appeared:
For the Petitioner: SRI.ELVIN PETER P.J., SRI.T.G.SUNIL (PRANAVAM), SRI.K.R.GANESH
For the Respondent: SRI.M.SASINDRAN, S.C

Headnote:Kannur University First Statutes 1998, Chap.III Statute 4 – The selection committee has to interview the candidates as on their merit and select the persons from the list if the minimum mark is not prescribed for interview and the selecting is based on the interview and the list should be forwarded towards the syndicate if the university who has the authority for the appointment.

JUDGMENT :

The case set up in the above writ petition is as follows: The petitioner is a visually impaired person with 100% disability as certified by Ext.P-1 disability certificate dated 30.10.2009 issued by the competent Medical Board. She acquired L.L.B. Degree and had also later successfully passed the L.L.M. (Master of Laws) course and had also cleared the National Eligibility Test (NET) qualification that is prescribed by the University Grants Commission (UGC) for appointment as Lecturers/Assistant Professors in colleges and universities. Ext.P-2(a) dated 21.03.2005 is the certification awarded by the University Grants Commission after her successfully clearing the NET examination held on 20th June, 2004 in the discipline of law and it is certified therein that she has "qualified the UGC-NET examination for eligibility for Lecturership in the subject of law" and that she is a post graduate in the subject of law and that the validity of the said NET certification is forever. The 1st respondent Kannur University had issued Ext.P-3 selection notification dated 29.01.2008 inviting applications from eligible candidates for selection and appointment to the post of Lecturer/Assistant Professor in law reserved for persons with disability. It was also made clear in Ext.P-3 notification that if there are no eligible candidates from the reserved category, candidates belonging to other eligible categories including open category will be considered strictly as per the norms stipulated in KS&SSR (Kerala State & Subordinate Service Rules). The petitioner had submitted her application in response to Ext.P-3 notification and she had fulfilled all the prescribed academic qualifications for the post of Lecturer/Asst. Professor in law. The upper age limit prescribed for the above post was 40 years as on 01.01.2008. It is further stipulated that usual relaxation in upper age will be given to candidates belonging to SC, ST, OBC and other categories as per the University rules. According to the petitioner, she was entitled for age relaxation by 10 years in view of the consistent norms followed by the State authorities as per Ext.P-5 G.O.(P)158/73/PD dated, 29.05.1973. Though the petitioner was permitted to participate in the interview as discernible from Ext.P-4 Memo (No.Ad B1/Appointment/Lr-Law/2010 dated 22.09.2010) later, she came to know that she was the sole applicant from the reserved category of physically disabled candidates and that the university had selected and appointed an open candidate to the above said notified vacancy. Thereupon, aggrieved by the non- selection of the petitioner, she was constrained to file WP(C) No.19769/2012 before this Court. The respondent Kannur University took up the stand that the petitioner had completed 40 years and 7 months as on 01.01.2008 (the cut off date prescribed in the selection notification), and that Ext.P-5 G.O. dated 29.05.1973, was adopted by the respondent university only as per proceedings dated 21.01.2009 and that therefore the said age relaxation was not in force as on the last date of submission of applications as per Ext.P-3 and that therefore the petitioner was ineligible being age barred for the said selection and that the respondent university had selected and appointed an open candidate in the place of a reserved candidate in the selection, etc. The learned Single Judge, as per Ext.P-7 judgment rendered on 08.06.2015 had allowed W.P.(C) No.33953/2011 filed by the petitioner herein and found that Ext.P-5 (G.O. dated 29.05.1973) is applicable for age relaxation of physically disabled candidates even in university service as the university is a 'State' within the meaning of Article 12 of the Constitution and that the rejection of the petitioner's case was illegal and had accordingly quashed the impugned decision and had also set aside the appointment granted to the open candidate and had directed the respondent university to consider the matter afresh with reference to the suitabili

























































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