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2020 Supreme(Ker) 565

Sunil Kumar B. , S/o. Gopi – Appellant
Versus
Cochin University of Science and Technology – Respondent


Advocates Appeared:
For the Petitioner: Sri. Ameer K.M., Smt. O.A. Nuriya, Smt. M.J. Jesna.
For the Respondents: Sri. S.P. Aravindakshan Pillai, SC, SR.G.P. P.M. Manoj, P.C. Sasidharan.

JUDGMENT :

The petitioners, who are differently abled persons, are included in Ext.P3 rank list for appointment to the post of Sweeper cum Cleaner. 4 candidates with locomotor disability and one candidate with hearing impairment are included in Ext.P3 rank list, who are found eligible for special reservation, as per G.O.(P) No.8/17/S.J.D dated 06.05.2017 and the list is published as an addendum to the rank list Ext.P2 published on 28.12.2018. These rank lists are published on the basis of a notification issued by the University on 30.12.2008, based on which a short list was published on 11.02.2011.

2. It is stated that on account of a series of litigation the appointments could not be made. In the meanwhile the appointments of non-teaching staff in the Universities in the State were brought under the purview of PSC. However no selection is so far made for the post of Sweeper cum Cleaner by PSC. Petitioners claim that all of them are entitled to be appointed, as the University has never filled any vacancies from among the differently abled candidates except one candidate from Ext.P2 list with hearing impairment.

3. According to the University, appointments from Ext.P2 and P3 rank lists

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