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2017 Supreme(Ker) 545

P.V.ASHA
SANGEETHA S. , W/O. GIRISH NADARAJAN – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent


Advocates Appeared:
For the Petitioner: DR. GEORGE ABRAHAM.
For the Respondents: SRI. T. RAJASEKHARAN NAIR, GOVERNMENT PLEADER, SRI. VARUGHESE M. EASO, SC, M.G. UNIVERSITY, SRI. M.V.S. NAMBOOTHIRI, SC, TRAVANCORE DEVASWOM BOARD, SRI. T.K. AJITH KUMAR, SC, TDB, SRI. ASOK M. CHERIAN, SC, M.G. UNIVERSITY, SRI. A.N. RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD.

JUDGMENT :

The question to be considered in this case is whether there can be any appointment in excess of the vacancies notified.

2. The Travancore Devaswom Board-1st respondent issued Ext.P1 notification dated 6.6.2013, published in various newspapers including Hindu daily inviting applications for appointment to various teaching posts. Petitioner submitted application for appointment as Assistant Professor in Botany. The number of vacancies notified in Ext.P1 in respect of the subject Botany was one. Ext.P1 notification also provided that the number of vacancies shown is likely to change.

3. On the basis of Ext.P2 call letter, the petitioner appeared for the interview. Thereafter the 1st respondent published rank list - Ext.P3 on 13.5.2015. Petitioner was ranked No.2 in the rank list. The 1st rank holder was appointed immediately after publication of Ext.P3 rank list. Petitioner submits that the 1st rank holder was appointed against the vacancy which arose on 1.04.2014 consequent to retirement of one Smt. Lekha Nair from the Devaswom Board Pumba College, Parumala. It is stated that one Sri. Anilkumar who was also working in the very same College retired on 31.5.2015; on 2.3.2016 on



















































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