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2021 Supreme(Ker) 1113

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
State Of Kerala – Appellant
Versus
G. Radhakrishna Pillai – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SRI.GOPALAKRISHNA KURUP (SR.), SRI.V.MANU, SRI.T.B.HOOD, adv
For the Respondent: GEORGE POONTHOTTAM (SR.), SHRI.THOMAS ABRAHAM, SC, SMT.NISHA GEORGE, SRI.NAVNEETH

JUDGMENT :

A.K. Jayasankaran Nambiar, J.

In these batch of writ appeals we are called upon to examine the correctness of the judgment dated 31.03.2021 of a learned single judge of this court that disapproved of an amendment effected to the various University Statutes in Kerala to change the pattern of rotation while implementing the communal reservation in the services under the University, from department wise to category wise, by treating all departments as one unit.

2. The contention of the writ petitioners, placing reliance on precedents of the Supreme Court, was that the clubbing of posts of Assistant Professors, Associate Professors and Professors of all departments to create separate cadres in relation to each of the above categories of posts, and applying the rules of communal rotation to the said cadres would effectively tantamount to providing 100% reservation in single post cadres, which is legally and constitutionally impermissible. The said contention found favour with the learned single judge who allowed the writ petitions by initially setting aside the recruitment notification dated 27.11.2017 issued by the Kerala University that indicated that communal reservation was

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