IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 27702 of 2006(W) --------------------------------- PETITIONER: -------------- MILTON P.FERNANDEZ, MILTON VILLA, MUNDAKKAL WEST, KOLLAM-691 001. BY MR.P.PUSHPARAJAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, REP. BY ITS REGISTRAR, MAIN CAMPUS, KALADY, ERNAKULAM DISTRICT. 2. THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, MAIN CAMPUS, KALADY, ERNAKULAM DISTRICT. BY MR. B.S.KRISHNAN, SENIOR ADVOCATE MR. P.K. VIJAYAMOHANAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.27702/2006 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF NOTIFICATION DTD. 25.6.05 ISSUED BY R1 UNIVERSITY. EXT. P2 : COPY OF CERTIFICATE ISSUED BY LIBRARIAN, QUILON PUBLIC LIBRARY AND RESEARCH CENTRE TO PETITIONER DTD. 12.7.05. EXT. P3 : COPY OF REPRESENTATION DTD. 22.8.06 SUBMITTED BY PETITIONER BEFORE R1. EXT. P4 : COPY OF G.O.No.9021/B4/05/H.EDN. DTD. 18.6.05. EXT. P5 : COPY OF JUDGMENT DTD. 16.8.06 IN W.P.(C) No.15045/06 OF HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27702 OF 2006 --------------------------------------- Dated this the 30th day of June, 2009. J U D G M E N T The petitioner herein is aggrieved by the non-filling of the 2nd post of Binder in the service of the University from the rank list that is already published. The petitioner responded to the notification dated 25.06.2005 published by the University. The required qualifications were fulfilled by the petitioner and in the rank list, the petitioner stood as rank No.2. The 1st rank holder has already been appointed. 2. According to the petitioner, there existed two vacancies. Therefore, in the 2nd one, the petitioner ought to have been appointed. It is also pointed out that the University is engaging provisional hands in the existing vacancy. 3. In the counter affidavit filed on behalf of the respondents it is pointed out that from the rank list prepared by the University the 1st rank holder Smt.M.R.Usha was appointed to the post. The petitioner is rank No.2. Since the sanctioned and W.P.(C) No.27702/2006 2 notified vacancy is only one, the University could not give appointment to the petitioner. The mere inclusion in the rank list will never confer a right on the candidate to claim appointment to the post. It is submitted that the University cannot give appointment to the petitioner in the absence of any existing, approved, sanctioned vacancy. It is also submitted that the rank list was published on 24.08.2005 and the rank list was exhausted by the appointment of the 1st rank holder to the notified vacancy and the rank list is not kept alive also. 4. Exhibit P1 is the notification that is published whereby only one vacancy was notified. There is nothing in Exhibit P1 to show that the rank list prepared pursuant to the selection process will be in force so as to fill up vacancies which may arise during the currency of the rank list also. It is not the allegation of the petitioner that there was any decision by the University to fill up any arising vacancy also. During the live period of the rank list, no vacancy has arisen for enabling them to make appointment of the 2nd rank holder. In the absence of the same, going by the well settled principles, as the rank list was exhausted, the W.P.(C) No.27702/2006 3 petitioner cannot claim appointment in an arising vacancy. If any existing vacancies are there, it is upto the University to publish a fresh notification, if they propose to fill it up in accordance with the Rules. In that view of the matter, the writ petition fails and the same is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp