IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 35199 of 2008(M) -------------------------- PETITIONER(S): --------------- BINU.V.S., AGED 32 YEARS, S/O.SATHYANANDAN, BINU BHAVAN, KOLLAYIL P.O., MADATHARA VIA, PIN 691541. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. 2. THE REGISTRAR, UNIVERSITY OF KERALA, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. ----------------------- W.P.(C).No.35199/2008 ------------------------ Dated this the 19th day of December, 2008. JUDGMENT petitioner submits that, in the ranked list prepared by the PSC for filling up the post of Library Assistant under the respondent University he has been included at rank No.47, being an Ezhava Candidate. It is pointed out that, the Viswakarma turn at Sl.No.100 of the list is liable to be filled up by advising the Petitioner. According to the petitioner, although rules of reservation as provided under the KS & SSR, have undergone change with effect from 2.2.2006, since the ranked list in question was published in December, 2005 the post is to be filled up applying the unamended rules of reservation. 2. This submission is made because, if the unamended rule is to be applied, in the absence of candidates of the reserved category, what is required to be done is to temporarily pass over the vacancy in WP(c).No.35199/08 2 the manner as provided in the rule and to fill up the same by candidates belonging to other reserved categories. Obviously, the vacancy in question, reserved for the Viswakarma candidate, arose after 2.22006 when the amended rule came into force. If that be so, any filling up of the vacancy subsequent to 2.2.2006 can only be based on the amended rule. If that be so the vacancy should be re notified and the petitioner cannot ask for its temporary pass over. 3. Counsel for the Petitioner relied on the judgment of the Division Bench of this court reported in Stalin V. State of Kerala (2006(1)KLT 493) to contend that the amended rules cannot affect the rights of those who are included in the ranked list. I am not in a position to accept this contention. In the Full Bench judgment rendered in Mohanan V. Director of Homeopathy (2006(3) KLT 641) it has been held that, even in the case of WP(c).No.35199/08 3 amendment to the special rules, any appointment made subsequent to the amendment can only be in terms of the amended rules. In view of this binding legal position, I am not in a position to accept a view contrary to it. Therefore the writ petition is only to be dismissed and I do so. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.35199/08 4