IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 30537 of 2010(N) -------------------------- PETITIONER(S): --------------- D L RASALAM,"KADALEEVANAM",PLACHIVILA, PALLICKAL PO,KILIMANOOR VIA, THIRUVANANTHAPURAM, 695 604. BY ADV. SRI.P.CHANDRASEKHAR SRI.ANTONY V. PAUL RESPONDENT(S): --------------- THE KERALA AGRICULTURAL UNIVERSITY VELLANIKKARA, KAU PO,THRISSUR 680 656 REPRESENTED BY ITS REGISTRAR,. ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30537 of 2010 EXT.P1- TRUE COPY OF CASTE CERTIFICATE DATED 6.1.10 ISSUED BY VILLAGE OFFICER, PALLICKAL VILLAGE TO THE PETITIONER EXT.P2- TRUE COPY OF RANK LIST DATED 1.6.2010 OF LDV DRIVERS PUBLISHED BY THE RESPONDENT EXT.P3- TRUE COPY OF GO(P).NO.24/2010/P&ARD DATED 2.8.2010 EXT.P4- TRUE COPY ROTATION CHART AFTER EXHIBIT P3 GO EXT.P5- TRUE COPY OF ROTATION CHART PRIOR TO EXHIBIT P3 GO EXT.P6- TRUE COPY OF LETTER DATED 6.9.2010 OF THE RESPONDENT TO SRI.K.DIVAKARAN NADAR EXT.P7- TRUE COPY OF PETITION DATED 12.8.2010 OF THE PETITIONER TO THE RESPONDENT (True Copy) P.A to Judge T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.30537 Of 2010-N ----------------------------------------------------- DATED THIS THE 25th DAY OF MARCH, 2011 J U D G M E N T The petitioner belongs to Hindu Nadar community. The petitioner was an applicant to the post of LDV Driver in the University and he has been included in the ranked list as Rank No.105, a copy of which has been produced as Exhibit P2. 2. The petitioner relies upon the amendment made to the Kerala State and Subordinate Services Rules 1958 with retrospective effect from 21.9.2009 whereby List III of Part I of the Schedule has been amended substituting item No.49 as 'Hindu Nadars' in place of 'Nadars' and amending Sub Rule (ia) of Rule 17 of KS & SSR substituting 'Hindu Nadars' for 'Nadars'. Copy of the same has been produced as Exhibit P3. The petitioner is seeking the benefit of the same against turn No.60 from the rotation chart. 3. A statement has been filed on behalf of the respondents. Mention is made about the interim order in W.P.(C) No.17244/10 whereby the University was directed not to fill up W.P.(C)No.30537/10 -2- the vacancy. The said Writ Petition has already been dismissed by this Court. Therefore, the learned Standing Counsel for the University submitted that steps are being taken for approving the list of appointees and the list has already been placed before the Executive Committee for its decision and the petitioner's name has also been included among the names of 30 persons to be appointed. The learned counsel for the petitioner submitted that as the petitioner is being considered for appointment, no further orders are required. Therefore, recording the submission of the learned Standing Counsel for the University that the petitioner's name is being considered for appointment and the matter is pending before the Executive Committee, the Writ Petition is disposed of . T.R.RAMACHANDRAN NAIR, JUDGE. dsn