The requirement for communal rotation overrides rank lists in filling vacancies when a position becomes available due to resignation.

J U D G M E N T

The first respondent University issued Ext.P1 notification dated 22.10.2019 inviting applications for appointment to the post of Associate Professors in various streams. In this writ petition we are concerned with Sl. No.1 therein which reads thus:-

2. The petitioner belongs to the SC category and she applied for the post. She attended the interview and secured rank No.2. Ext.P2 is the rank list.

3. The first rank holder was appointed to the post.

However, after serving for an year and after her probation was declared, she resigned and joined as Professor at the Mahatma Gandhi University. Consequent thereto, the post became vacant. Being the second rank holder, the petitioner is entitled for appointment. However, the request for appointment of the petitioner was declined stating that, as per the communal rotation, the vacancy that has occurred is reserved for Latin Catholic/Anglo Indian category. The same is under challenge in this writ petition.

4. Heard Smt.I.Sheela Devi, the learned counsel for the petitioner and Sri.S.P.Aravindakshan Pillai, the learned Standing Counsel for the respondents.

5. According to the petitioner, as per Section

31(10) of the Cochin University of Science and Technology Act , 1986, the rank list remains in force for a period of two years and the vacancies occurring during the period is to be filled up from the said list. The vacancy notified under Ext.P1 being one reserved for “SC” and the petitioner being the next in the rank is liable to be appointed.

6. The learned Standing Counsel for the University would on the other hand contend that, on appointment of the first rank holder, the vacancy as notified under Ext.P1 was filled up. She left the office after completion of probation. On the appointee giving up the job, the post became vacant. It is a fresh vacancy. Appointment to the said vacancy is to be done following communal rotation in terms of Section 31 (11).

7. Section 31 (10) and (11) of the University Act reads thus:- “(10) A rank list published under sub section (9) shall remain in force for a period of two years from the date of such publication and all vacancies arising during the period shall be filled up from the list so published.

(11) Communal rotation shall be followed category-wise treating all the departments as one unit.”

8. In the counter affidavit filed by the respondents at paragraph 5, it is stated thus:- “.....the appointments in the University were made by maintaining roster for each category of teaching post in the University taking the University as a single unit and the reservation for the posts is fixed as per the roster following the provisions of KS & SSR, 1958”.

9. Though the rank list has a validity of two years, as per Section 31 (11) communal rotation is to be adhered to. The one vacancy notified under Ext.P1, for which the petitioner applied, was as per the communal rotation reserved for SC. The said vacancy was filled up by appointment. Consequent on her resignation a fresh vacancy arose. The petitioner’s claim is for the said vacancy. On applying the communal rotation, the fresh vacancy enures to the Latin Catholic/Anglo Indian Category. Therefore, in respect of the vacancy that has now occurred, the University will have to issue a fresh notification applying the communal rotation. That being so, the claim of the petitioner cannot he upheld.

10. Smt.I.Sheela Devi, learned counsel for the petitioner would refer to Rule 17A of KS & SSR and argue that, once the post is reserved for SC candidate the issue of communal rotation does not arise and cannot apply.

11. Rule 17A reads thus:- “17A. Special recruitment from among the Scheduled Castes and Scheduled Tribes.⸺ Notwithstanding anything contained in these rules or in the Special Rules, the State Government may reserve a specified number of posts in any service, class, categ