The main legal point established in the judgment is that a select list can only be used to fill vacancies for which it was prepared, and additional vacancies cannot be filled from the same rank list if they were not considered by the selection committee.

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 one Smt. Lakshmi Sreekumar who was working in the Botany Department was transfered to Devaswom Board College, Sasthamcotta. According to the petitioner as on 1.6.2015, there were only three Assistant Professors in Botany in the Devaswom Board College Parumala. Petitioner also relies on Ext.P5 letter of the Deputy Director of Collegiate Education addressed to the Director of Collegiate Education on 5.2.2016 in which it was stated that the workload for Botany Department was 83 hours in total, out of which there is no approval for 20 hours for the vocational course. However, for the 63 hours of workload 4 posts are admissible. Petitioner further submits that the appointment to the 4th vacancy available in the 4th respondent College is illegal.

4. The selection of teaching staff in the private Colleges under the MG University is governed by the Mahatma Gandhi University Statute, 1997. Statute 12 deals with preparation of select list.

5. Under clause 5 of Statute 12, a select list prepared by selection committee shall remain in force for a period of one year. At the same time clause 4 provides that the select list shall not normally contain more than three times the number of vacancies likely to arise within one academic year. While clause 4 refers to one academic year clause 5 refers to one year.

6. In this case the 1st vacancy against which rank no.1 was appointed arose much before the publication of the rank list. As far as the 2nd vacancy is concerned, it arose on retirement of Sri. Anilkumar on 31.5.2005. The petitioner submits that initially the respondent Board took the view that there was no vacancy available as per the workload statement. Even though petitioner approached the 1st respondent several times, no action was taken and therefore she approached this court and filed this writ petition, for a direction to appoint her as Assistant Professor in the 4th respondent College at Parumala and for consequential directions.

7. On 8.6.2016 an interim order was passed in this case directing that the petitioner shall be considered provisionally for appointment as Assistant Professor in Botany in case there are vacancies and in case the petitioner is eligible for appointment within a period of two weeks. The 1st respondent Board and the 4th respondent College took up the matter in W.A.No.1252 of 2016. The Division Bench without expressing any opinion on merits disposed of the Writ Appeal vacating the interim order, seeing that in effect the final relief itself was granted.

8. The petitioner has produced the details regarding the sanctioning of pensionary benefits to Sri. Anilkumar M.K. from the 4th respondent College on 31.5.2015 as per Ext.P6 letter dated 5.10.2015 from the Accountant General in order to show that a vacancy arose in the 4th respondent College