JUDGMENT

The prayer in the writ petition is for declaring the 5th respondent as ineligible for being selected as Associate Professor, pursuant to Ext.P1 notification.

2. Petitioner is a holder of a post graduate in Computer Science and Engineering from National Institution of Technology, Calicut and completed Ph.D in Lightweight and Trusted Data Formatting Schemes for web transactions from the National Institution of Technology, Calicut. He submitted an application pursuant to Ext.P1 notification of the University as being qualified and eligible to be appointed to the post of Associate Professor. As per the general instructions for applicants, Ext.P3 the reservation for applicants from SC, ST, OBC (non-creamy layer), and differently abled categories was to be applicable as per Kerala Government norms. Applicants seeking reservation benefits for SC/ST/OBC/Differently abled categories must upload the necessary documents justifying the claim of respective reservation as per Govt. of Kerala ,issued,from competent Authority. Petitioner was called for the interview and vide Ext.P6 dated 21.10.2020, was shown as Sl.No.2 in the rank list whereas respondent No.5 was appointed as he had stood first.

3. Learned counsel appearing on behalf of the petitioner submitted that Ext.P7 notification of the M.G university clearly provided that the natives should be either SC/ST or backward class from the Kerala and not from the other states. University proceeded with the selection process and permitted the 5th respondent, who is a permanent resident of Karnataka and having non-creamy layer certificate issued by the State of Karnataka. Rule 2(14) of the Part -I KS &SSR specifically provides that other backward classes means 'the classes which are declared as such by the State Government under Article 16(4) of the Constitution of India'. The schedule to Part -I KS & SSR contains the list of communities, which are eligible for reservation under the various categories. List III annexed to the Schedule III of Part-I KS & SSR reads as Other Backward Classes 'in' Kerala State thus, the intention of the rule making authority was that only Keralites were eligible for reservation under this category. As per Chapter III clause (3) of the Kannur University First Statues, the appointment to the teaching post should have been conforming the norms of reservation provided in Rule 14 to 17A of the KS & SSR. The provisions of the KS & SSR are uniformly applicable to all the universities in the State and there is no exemption or relaxation granted to the Kannur University. The law with regard to reservation of OBC, other backward classes of a particular area is no longer res integra in view of the decision of the Supreme Court in M.C.D v. Veena and Others (2001) 6 SCC 571 and recent judgment in Pankaj Kumar v. State of Jharkhand and Ors. in Civil Appeal No. 4864 of 2021 arising out of SLP (Civil) No. 13473 of 2020 decided on 19.8.2021. Rule 2(14) of KS & SSR, 1958 envisages that the Other Backward Classes mean the classes declared as such by the State Government under Article 16(4) of the Constitution of India and lists of such castes, tribes and classes, so declared are included as Lists I, II and III in the Schedule to this Part. List III, deals with other backward classes in Kerala State at Entry No.48 as Muslim or Mappila. Appointment of respondent No.5 is illegal and against the provisions of the aforementioned Rules.

4. On the other hand, learned counsel appearing on behalf of the respondent No.5 submitted that the petitioner is estopped from taking such a contention after having unsuccessfully participated in the selection process without any demur. In support of the aforementioned contentions relied upon judgment of the Supreme Court in Ramesh Chandra Shah and others v. Anil Joshi and others [2013 (11) SCC 309]. Rule 14 of KS & SSR prescribing reservation in favour of the backward classes had identified Muslims entitled to reservation in the service. Selection