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2022 Supreme(Ker) 209

A.K.JAYASANKARAN NAMBIAR, MOHAMMED NIAS C.P.
Abdul Haleem, P. P. , S/o. Kunhalikutty P. P. – Appellant
Versus
State of Kerala, Represented by the Secretary to Government, Department of Higher Education, Government Secretariat – Respondent


Advocates Appeared:
For the Appellant : George Poonthottam (SR.), Nisha George.
For the Respondents: P. Ravindran (SR.), P.K. Ibrahim, Sri. I.V. Pramod and Govt. Pleader Sri. A.J. Varghese.

JUDGMENT :

Mohammed Nias C.P., J.

The question that arises in this Writ Appeal is whether a non-Keralite can claim communal reservation in a Pan India selection process conducted by the 2nd respondent University. The unsuccessful writ petitioner who challenged the selection and appointment of the 5th respondent to the post of Associate Professor in Information Technology in the 2nd respondent University pursuant to Ext. P1 notification, is the appellant before us. The brief facts necessary for the disposal of the Writ Appeal are as follows:-

2. Ext. P1 notification was issued by the 2nd respondent University inviting applications from eligible candidates for the post of Associate Professor in Information Technology ear-marking the said post for the Muslim Category among the other backward classes. By Ext. P3 general instructions for the applicants, it was made clear that the reservation for applicants from SC, ST, OBC (non-creamy layer), and differently abled categories will be applicable as per Kerala Government norms. Applicants seeking reservation benefits available for SC/ST/OBC/differently abled categories were to upload the necessary documents justifying the claim of respective

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