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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR.JUSTICE ZIYAD RAHMAN A.A., J
Rasheed Ahamed P., S/o Muhamed P – Appellant
Versus
University Of Calicut – Respondent
JUDGMENT :
ZIYAD RAHMAN A.A., J.
In all these writ petitions, the issue pertains to the selection of Assistant Professors in various subjects as per notification dated 31.12.2019 (Ext.P1 in W.P(C) No.25602/23 and hereinafter referred to as Ext.P1). Total number of posts notified as per Ext.P1 was 63. As per Section 6 (2) of Calicut University Act, in making appointments to the teaching and non teaching posts in the University, the provisions as per Clauses (a), (b) and (c) of Rule 14 and the provisions of Rules 15, 16, 17 and 17A of the Kerala State and Subordinate Service Rules, 1958 (KS&SSR) shall be Mutatis mutandis applicable.
2. As per the provisions in the KS&SSR, a roster for the purpose of reservation has to be maintained for various communities elgible for the same. Exhibit P3 in W.P(C)No. 25602/23 is the amendment brought to the Rule 15 Part II to KS&SSR which contains the roster. As per the provisions contained therein, a roster with 100 points is to be maintained and the same has to be followed for making appointments against the vacancies earmarked for open competition and the reserved categories of SC/ST and Other backward communities.
3. The grievance of the petitioners
The court ruled that the University violated reservation principles by creating additional roster points for disabled candidates, necessitating a rework of the selection process without affecting exi....
The review jurisdiction is not meant for rearguing the merits of the case but is limited to instances where an error is apparent on the face of the record.
Rule 17A indicates that under this Rule special recruitment can be done from among Scheduled Castes and Schedule Tribes when they are not adequately represented in any service, class, category or gra....
Court upheld the prerogative of the appropriate government in reserving posts for disabled candidates as per the Act, asserting that judicial intervention in recruitment processes must be limited and....
Point of law: The proper and correct course is to first fill up the OC quota (50%) on the basis of merit; then fill up each of the social reservation quotas i.e. SC, ST and BC; the third step would b....
University of Kerala would not be justified in granting approval to the appointments granted by the 5th respondent when those appointments were clearly in violation to the provisions of law.
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