IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 15528 of 2007(W) --------------------------------------- PETITIONER(S): ---------------------- 1. FRANCIS AUGUSTINE, AGED 33 YEARS SON OF AUGUSTINE, RESIDING AT KANIYAMATTATH VENEPARA POST, KODUVALLI VIA. CALICUT DISTRICT 2. SUDHEER, AGED 32 YEARS SON OF SIVASANKARAN, RESIDING AT 25/1318, KALATHIL, GURUVAYURAPPAN COLLEGE POST, CALICUT-14 BY ADV. MR.T.R.RAVI MR.P.S.MURALI RESPONDENT(S): ------------------------ 1. UNIVERSITY OF CALICUT CALICUT UNIVERSITY POST TENHIPALAM MALAPPURAM DISTRICT-673635 REPRESENTED BY ITS REGISTRAR 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT CALICUT UNIVERSITY POST TENHIPALAM, MALAPPURAM DISTRICT-673 635 3. THE REGISTRAR UNIVERSITY OF CALICUT CALICUT UNIVERSITY POST TENHIPALAM, MALAPPURAM DISTRICT-673 635 *a ADDL.R4 TO R6 IMPLEADED ADDL.R4: NIJA HARIDASAN, W/O.PAIJU P, NISHA NIVAS, NEAR MOLOLAM TEMPLE, AZHIKODE P.O., KANNUR, PIN-670 009 WP(C).No. 15528 of 2007(W) ADDL.R5: SHAHUL HAMEED P., SON OF MUHAMMED, SREENATH CLINIC, KIZHISSERY, KUZHIMANNA POST, MALAPPURAM, PIN-673 641. ADDL.R6: ANIAMMA MANUAL, PLATHOTTAM HOUSE, BHARANANGANAM P.O., KOTTAYAM *a ADDITIONAL RESPONDENTS 4 TO 6 ARE IMPLEADED, VIDE ORDER DATED 27/09/2007 IN IA12848/2007. *b ADDL. R7 IMPLEADED ADDL. R7: ANTONY D.L., DUSSAM PARAMBIL, PUTHU VYPU P.O., KOCHI-682 008. *b ADDITIONAL R7 IS IMPLEADED, VIDE ORDER DATED 09/10/2007 IN IA13426/2007. *c ADDL. R8 IMPLEADED ADDL. R8: SHEEJA V.P., W/O.T.SASIDHARAN, AGED 37 YEARS, PALATHODI HOUSE, GURUVAYURAPPAN COLLEGE, CALICUT. *c IMPLEADED VIDE ORDER DATED 21/11/2007 IN IA.14037/2007. *d ADDL. R9 TO R24 IMPLEADED ADDL. R9: ANAS MUHAMMAD KARIM, PARACKAL HOUSE, MUTHOOR P.O., THIRUVALLA, PATHANAM THITTA. 10: AYSHA MUMTAZ T.K., NEAR Y.S.C. GROUND, EDARIKODE (PO), MALAPPURAM. 11: SUSHAMA K., KOOLATH HOUSE, K.PURAM, THANALUR, MALAPPURAM. 12: SUJATHA K.K., SURIYA SARAS, GRA-535, GOWREESAPATTOM, THIRUVANANTHAPURAM. 13: MAYA NARAYANAN P., 'KRISHNA', KADALAYI STREET, P.O.CHIRAKKAL, KANNUR. 14: P.BINDU, PULIKKAL HOUSE, CHEEKKILODE, ATHOLI, KOZHIKODE. 15: SEESHA K., KAMBALATH HOUSE, CHERUPPA, KOZHIKODE. 16: SARANG A.K., 'CHAITHRAM'. ANDIKODE, THALAKULATHUR, KOZHIKODE. WP(C).No. 15528 of 2007(W) 17: SALIL M., DEELA NIVAS, CHERUTTYKUZHI, MALAPPURAM. 18: SUBHA CHANDRAN, 'SUBHA', P.M.KUTTY ROAD, ERANHIPPALAM P.O., KOZHIKODE. 19: BINDU K.C., BINDU NIVAS, ARIYALLUR P.O., MALAPPURAM. 20: SHAMSUDHEEN M., MANNIL HOUSE, NELLIKKAPARAMBA, MUKKOM, KOZHIKODE. 21: PRAJOSH K., VEYILIKKAD HOUSE, KADALUNDI, KOZHIKODE. 22: K.K.KAMALA, PATYAT HOUSE, KATTOLI, CHEKKIKULAM, KOODALI, KANNUR. 23: REKHA MANOJ, NAKSHATRA, VII/1117/1, MANNUTHY BY PASS JN., THRISSUR. 24: ASHA P.ABRAHAM, ARAKAPARAMBIL, MANJAPRA, ERNAKULAM. *d IMPLEADED, VIDE ORDER DATED 21/11/2007 IN IA.14334/2007. *e ADDL. R25 IMPLEADED ADDL. R25: ADAM MALIK SALEEM MOHAMMED K., S/O.KOYAKUTTY K., KURUNIYAN HOUSE, OTHUKUMGAL, MALAPPURAM. *e IMPLEADED, VIDE ORDER DATED 21/11/2007 IN IA.14381/2007. *f ADDL. R26 TO R46 IMPLEADED ADDL. R26: SURESH BABU V., AGED 46 YEARS, S/O.NARAYANAN NAIR, VAISHNAVAM, KOLAKKATTUCHALI P.O. 27: DEEPA KAMBURATH, AGED 31 YEARS. D/O.VISWANATHAN NAIR, KAMPURATH (H), KOTTAMPARAMBA P.O., CALICUT DIST.-673 008. 28: SHEEJA V.P., AGED 37 YEARS, D/O.BHARATHAN, PALATHODI (H), GURUVAYURAPPAN COLLEGE P.O., CALICUT-14. 29: SHAREEFA K., AGED 38 YEARS, D/O.MOOSA K., KUNNUMMAL (H), MANIPURAM P.O., KODUVALLY (VIA) WP(C).No. 15528 of 2007(W) 30: SEMINA P.A., AGED 29 YEARS, D/O. P.A.M.ABDUL KADIR, PEACE ABODE, THIRURKAD P.O., MALAPPURAM DIST. 31: MANOJ A.P., AGED 30 YEARS, S/O.SUKUMARAN A.P., 'SMRITHI' CHOIKULAM, KONGANNUR P.O., ATHOLI-KOZHIKODE, PIN-673 315. 32: VINOD KUMAR C., AGED 40 YEARS, S/O.K.V.GOPALAN NAIR, 'YESAS', KEEZHATOOR, TALIPARAMBA P.O., PIN-670 141. 33: SHAHINA C., AGED 28 YEARS, D/O.MAMMAD KOYA C., CHETTOOL HOUSE, KARANTHUR (POST), KUNNAMANGALAM (VIA)-673 571. 34: MANOHARAN MANIATH, AGED 45 YEARS, S/O.LATE C.M.CHATHUKUTTY, VARIKKOLLY HOUSE, KOTTAYAMPOIL P.O., PIN-670 691. 35: SINOJ V.K., AGED 32 YEARS, S/O.V.A.KRISHNAN, VENGOTTU PARAMBIL HOUSE, MANNUTHY P.O., THRISSUR-680 651. 36: ASMA BEEVI PUTHIYATH, AGED 34 YEARS, D/O.MUHAMMED P., PUTHIYATH HOUSE, KUTTOOR NORTH POST, A.R.NAGAR (VIA), MALAPPURAM-676 305. 37: SRRDEVI P.V., AGED 30 YEARS, D/O.P.K.VALSAN, “SREEVALSAM”, PUTHOOR HOUSE, GANDHI NAGAR, CHETTUPUZHA P.O., TRICHUR-680 621. 38: SOJA RAJAN V., AGED 31 YEARS, D/O.V.RAJAN, SREENIKETHAN, NEAR K.S.R.T.C., PUTHIYANGADI P.O., KOZHIKODE-673 021. 39: SASI M.E., AGED 43 YEARS. S/O.SREEDHARAN M.E., MEETHALE ERANHIKKAL (H), NUT STREET P.O., VATAKARA-673 104. 40: JAYAMOHAN P., AGED 32 YEARS. S/O.K.MOHANDAS, ANAGHA (H), ARATTUTHARA P.O., MANANTHAVADY, WAYANAD. 41: PRDEEPKUMAR D., AGED 31 YEARS. S/O. I.V.DAMODARAN NAIR, SREENILAYAM, VALLICODE P.O.,PATHANAMTHITTA-689 659. 42: R. ANIL KUMAR, AGED 35 YEARS. S/O.RAJAN A., ANJANAMCHIRA, ANAMARI POST, KOLLENGODE, PALAKKAD-678506. WP(C).No. 15528 of 2007(W) 43: SUNIL KUMAR K., AGED 36 YEARS, S/O.A.KUNHIKRISHNAN, “DEEPTHI”, PALLIKKARA P.O., MELADI, KOZHIKODE-673522. 44: MANOJAN M., AGED 37 YEARS S/O.GANGADHARAN M., MALAYIL (H), KANNADIPOYIL P.O., BALUSSERY (VIA)-673 612. 45: BINTA V., AGED 32 YEARS, D/O.V.BHASKARAN, 'B' NILAYAM, KAKKAD P.O., TIRURANGADI, MALAPPURAM-676 306. 46: PREETHI K.P., AGED 32 YEARS, D/O.G.VISWAMBARAN, PADMENDU, V.R.ROAD, KOTTAKKAL, MALAPPURAM-676 503. *f IMPLEADED, VIDE ORDER DATED 21/11/2007 IN IA.14922/2007. *g ADDL. R47 TO R66 IMPLEADED ADDL. R47: GEETHA K.B., KADHALIKATTIL HOUSE, NEAR MARIYAMMAN KOVIL, SULTHAN BATHERY P.O., WAYANAD. 48: AMBIKA P., PARAKKAL HOUSE, VENGALAM P.O., QUILANDY. 49: VINOD KUMAR V., SURABHI, KOTTAKKEEL, P.O.EZHOME, KANNUR-670 334. 50: LATHIKA M.P., 'SAUPARNIKA', AZHINHILAM P.O., VIA FAROOK COLLEGE, MALAPPURAM DT. 51: VIDYA CHANDRASHEKAR, 2/451, 'KALA', KARAPARAMBIL, KOZHIKODE-673 010. 52: SUJATHA K.G., SIVADAM, P.O.KUTHIRAVATTOM, CALICUT-673 016. 53: SARASWATHI V.K., 'KAILAS', P.C.PALAM (P.O.), NARIKKUNI, KOZHIKODE, PIN-673 585. 54: JAYASREE C.V., 'AMBALAYAM', KURUVATTOOR, KAKKODY (VIA), CALICUT-673 611. 55: SUNITHA G., 'SUGEHAM', P.O.PANNIANNORE, MANEKKARA, THALASSERY, KANNUR DT.-670 679. 56: BAIJU P.K., PANARUKANDI HOUSE, AYIKKARAPPADI P.O., PULIKKAL-673 637. WP(C).No. 15528 of 2007(W) 57: K.V.SANOOP, M-26-A-9, K.S.H.B. COLONY, P.O.MALAPARAMBA, KOZHIKODE-673 009. 58: E.J.PAULOSE, ETHIR VELIL, PALLIKKUNNU P.O., WAYANAD-673 121. 59: PADMANABHAN ONTHATH, ONTHATH HOUSE, KOTTARAPPALLI P.O., VILLIAPPALLI (VIA). 60: RAJANIDEVI P.K., KALAKKUNNU PARAMBIL HOUSE, P.O.IRINGATTIRI, KARUVARAKUNDU, MALAPPURAM-676 523. 61: SANTHOSH KUMAR V.T., VENGOOR HOUSE, PUNNAKKAD KARUVARAKUNDU P.O., MALAPPURAM (DT.), PIN-676 523. 62: RAMAKRISHNAN V.P., VILLUNNIPPARAMBIL HOUSE, MANKADA P.O., MALAPPURAM DT., PIN-679 324. 63: DINESAN T.C., THAZHATHEL HOUSE, MOOKKUTHALA P.O., MALAPPURAM DT. 64: ANIL KUMAR T., PALAKKAPRAMB HOUSE, P.O.CHIRAYIL, KONDOTTY, MALAPPURAM. 65: BINDU T., THEKKEKKATTIL HOUSE, ARIYALLUR P.O., MALAPPURAM DT., PIN-676 312. 66: RAJU PADUVIL, PADUVIL HOUSE, MANKADA P.O., MALAPPURAM DT.679 324. *g IMPLEADED, VIDE ORDER DATED 21/11/2007 IN IA.15125/2007. *h ADDL. R67 IMPLEADED ADDL. R67: MANOJ V.M., S/O.VASAVAN, “SURABHI”, THURAKAL ROAD, MULLENPARA, MANJERI P.O.,MALAPPURAM DIST. *h IMPLEADED, VIDE ORDER DATED 21/11/2007 IN IA.15126/2007. *i ADDL. R68 TO R76 IMPLEADED ADDL. 68: SUMA P.K., W/O.SANTHOSH C.P., SUMESH NIVAS, PALLIKUNNU P.O., KANNUR-670 004. 69: RAJI R., W/O.MAHESH S., C/O.K.V.RAJAGOPAL, RETD. POST MASTER, KAKKAYUR P.O., PALAKKAD DISTRICT. WP(C).No. 15528 of 2007(W) 70: SHAJINA P.V., W/O.RAGHAVAN T.N., MAMBATTIL HOSE, KIZHUNNA P.O., KANNUR-670 007. 71: ASOKAN MANIKKOTH, NALUKANDI HOUSE, KOLOLAM, EDAYANNUR P.O., KANNUR DIST-670 595. 72: NAVEEN JOSEPH A., ARATTUKULAM, VYDIARANGADI P.O., RAMANATTUKARA, CALICUT DIST.-673 633. 73: RAJALAKSHMY S., THEKKEVEEDU, CHANDANAKKAVU, PAZHAVEEDU P.O., ALAPPUZHA-688 009. 74: GAYATHRI DEVI S., W/O.NOBLE G.H., MULLUKATTIL VEEDU, MUNDAKKAL EAST, KOLLAM-601 001. 75: DEEPTI P.C., LAKSHMI NIVAS, KOMMERI P.O., CALICUT-673 007. 76: MINI V., SAMRIDHI, PEOPLES ROAD, WEST HILL P.O., CALICUT-673005. *i IMPLEADED, VIDE ORDER DATED 27/11/2007 IN IA.15272/2007. *j ADDL. R77 IMPLEADED ADDL. R77: JEEJA G.N., D/O.G.N.NAIR, AGED 35 YEARS, MADAVAPPILLIL HOUSE, KADAKKARAPPALLY P.O., CHERTHALA. *j IMPLEADED, VIDE ORDER DATED 06/02/2009 IN IA.15190/2008. ADV. MR.N.SUGATHAN SMT.VARSHA BHASKAR MR.S.PRASANTH (AYYAPPANKAVU) MR.P.K.SURESH KUMAR FOR ADDL.R4 & 5 MR.SANTHEEP ANKARATH FOR ADDL.R4 & 5 MR.P.C.SASIDHARAN, SC, CALICUT UTY. FOR R1 TO R3 SMT.P.V.ASHA FOR ADDL.R MR.P.V.KUNHIKRISHNAN FOR ADDL.R MR.K.SASIKUMAR FOR ADDL.R4-19 MR.AUGUSTINE JOSEPH FOR ADDL.R.4 MR.K.S.ROCKEY FOR ADDL.R.4 MR.JOSE THOMAS (PALA) FOR R7TO27 MR.ALEXANDER THOMAS FOR ADDL.RES. MR.M.S.UNNIKRISHNAN FOR ADDL.RES.. SMT.V.P.SEEMANTHINI, SENIOR ADVOCATE FOR ADDL.R SMT.S.KARTHIKA FOR ADDL.RES.. MR.JOHN JOSEPH(ROY) FOR ADDL.R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2009, ALONG WITH WPC NO. 18167 OF 2007, WPC NO. 18620 OF 2007 AND WPC NO. 28783 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15528 of 2007(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO. 15309/02 AND CONNECTED CASES. EXT.P2: COPY OF THE MERIT LIST AS PUBLISHED IN THE UNIVERSITY WEBSITE. EXT.P3: COPY OF THE LAWYER NOTICE DATED 15/11/2007 SENT TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE JUDGMENT IN W.A.1451/2006 AND CONNECTED CASES. EXT.P5: COPY OF THE NEWS REPORT IN MALAYALA MANORAMA DAILY DATED 17/05/2007. EXT.P6: COPY OF THE FRESH SLECT LIST OF CANDIDATES PUBLISHED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS & ANNEXURES: EXT.R1(a): COPY OF THE REPORT OF THE STANDING COMMITTEE ON THE STAFF. EXT.R4(a): COPY OF THE INTERVIEW CARD ISSUED TO THE 1ST PETITIONER HEREIN DATED 14/06/2007. EXT.R4(b): COPY OF THE INTERVIEW CARD ISSUED TO THE 2ND PETITIONER HEREIN DATED 06/06/2007. ANNEXURE I: COPY OF THE MEMO DATED 04/06/2007 ISSUED TO THE 1ST PETITIONER FROM THE UNIVERSITY OF CALICUT. EXT.R4(a): COPY OF THE APPOINTMENT ORDER DATED 15/10/2007 OF THE IMPLEADEING PETITIONER. (IN IA NO.14381/2007) EXT.R4(b): COPY OF THE REPRESENTATION SUBMITTED BY THE IMPLEADING PETITIONER ON 19/10/2007. (IN IA NO.14381/2007). EXT.R4(a): COPY OF THE ORDER NO.AD/A1/15528/07 DATED 30/08/2007 ISSUED BY THE RESPONDENT UNIVERSITY. (IN IA NO.15682/2007) EXT.R4(b): COPY OF THE REPRESENTATION DATED 25/10/2007 SUBMITTED BY THE APPLICANTS TO THE RESPONDENT UNIVERSITY (IN IA NO.15682/2007) ANNEXURE-I: COPY OF THE MEMO DATED 04/06/2007 ISSUED TO THE PETITIONER (IN IA NO.15190/2008) ANNEXURE-II: COPY OF THE PROVISIONAL APPOINTMENT ORDER DATED 09/01/2008.(IN IA NO.15190/2008.) //TRUE COPY// P.S. TO JUDGE Rs/ K.BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ----------------------------------------- W.P.(C) NOS. 15528, 18167, 18620 & 28783/2007 ----------------------------------------- Dated 6th February, 2009. JUDGMENT Balakrishnan Nair, J. These Writ Petitions are concerning the selection made by the Calicut University for appointment to the post of Assistant Grade II under it. Therefore, they are heard and disposed of by this common judgment. W.P.(C) No.15528/2007: 2. This Writ Petition is treated as the main case for the purpose of referring to the exhibits. The University issued notification No. AD/A1/2074/2000, inviting applications for selection to the post of Assistant Grade II under it, on 25.3.2000. From the pleadings of the University in this Writ Petition, it would appear that 21666 candidates applied for the post. A written test was held on 10.3.2001. The University published a short list of 652 candidates. It was followed by publication of a rank list on 14.5.2002 of 566 candidates. The said list consisted of a main WPC 15528/07 & CONNC.CASES 2 list and supplementary lists. The said rank list was challenged before this Court by some of the candidates, who were not selected, by filing O.P.No.15309/2002. The said O.P. was disposed of along with connected cases, by Ext.P1 judgment, directing the University to engage L.B.S. (Lal Bahadur Sasthri Centre for Science and Technology) for revaluation of the answer sheets. The judgment was rendered on 19.5.2002. The revalued answer sheets were received in the University on 3.12.2005. It appears, in the meantime, one of the petitioners in O.P.No.15309/2002 moved this Court for initiating contempt proceedings against the University for its failure to publish the rank list. During the pendency of the said proceedings, Ext.P2 short list containing 444 persons was published by the Registrar of the University on 7.7.2006. 3. Some of the candidates who were included in the first rank list filed W.A.No.1451/2006, challenging Ext.P1 judgment, after obtaining leave of this Court. While so, the Senate and Syndicate of the Calicut University were constituted on 27.7.2006. In the meantime, the University was engaging Employment Exchange hands to work as Assistant Grade II. So, W.P.(C) No.9593/2007 was filed by some of the candidates, challenging the said steps of the University. W.A.No.1451/2006 and W.P.(C) No.9593/2007 were heard and disposed of by a Division Bench of this WPC 15528/07 & CONNC.CASES 3 Court, by common judgment dated 4.4.2007, a copy of which is produced as Ext.P4 in this Writ Petition. This Court, as per the judgment, issued the following directions to the University: “6. The indefinite continuation of daily employees or provisional employees without due process of selection is always considered to be illegal and a way to do favouritism. Such back door entries cannot be promoted or practised by a Statutory University. Here the selection has to be done on the basis of the interview and marks in the written examination. On the basis of written examination by an independent expert body, a short list was already published. The daily wages employees who did not undergo any selection process cannot be allowed to continue, as held repeatedly. Their appointments can only be treated as back door appointments. No such candidate can be appointed on regular basis. Candidates should be appointed after conducting interview from the 2nd selection list already published. Selection process shall be completed within two months from the production of a copy of this judgment before the University. Persons in the short list cannot be denied illegally the right to undergo selection process and consequent appointments merely based on irregularities committed by University or refuse to obey the court order obtained from this Court. If at all any daily wages employees are appointed on provisional basis they cannot continue in regular vacancies for more than two months from today. In the above circumstances, we dismiss W.A.No.1451/2006 and dispose of all other writ petitions with the above directions.” While so, the petitioners came to see Ext.P5 newspaper report that the University has drawn up a list of 1900 candidates for the purpose of interview. Soon thereafter, on 17.5.2007, the University published a short list containing 1909 candidates to be called for interview. Ext.P6 is the said WPC 15528/07 & CONNC.CASES 4 list. Challenging Ext.P6 and further seeking a direction to conduct the interview based on Ext.P2, as directed in Ext.P4 judgment, this Writ Petition was filed. The petitioners would point out that in view of Ext.P4 judgment, which has become final, the University has no other option, but to proceed with the selection of the candidates included in Ext.P2 list. 4. The University filed a counter affidavit, stating that having regard to the vacancies now available, if the candidates to be called for interview should be in the ratio of 1 : 5, with reference to the vacancies, at least 1909 candidates are required to be called for interview. Further, to satisfy the rules of reservation, sufficient number of candidates belonging to various communities, who are entitled to get the benefit of reservation, are required to be included. It is also submitted that Ext.P4 only says that the candidates included in Ext.P2 should be called for interview. The said judgment does not stand in the way of calling additional candidates. So, the University supports its action in publishing Ext.P6. The University also, incidently, pointed out that out of the 444 candidates called for interview, only 214 reported for the interview. Out of the 1909 candidates called for interview, only 782 reported for the interview. So, the above facts also vindicate the stand of the University in expanding the zone of consideration. The University also pointed out that in view of the recent amendment introduced WPC 15528/07 & CONNC.CASES 5 to the Kerala State & Subordinate Services Rules in 2006, it is mandatory to include sufficient number of candidates in the supplementary lists for communities eligible for reservation, so that their chances are not lost. 5. We heard Mr.T.R.Ravi, learned counsel appearing for the petitioners and Mr.P.C.Sasidharan, learned standing counsel for the Calicut University. We also had the benefit of hearing M/s.P.K.Suresh Kumar, M.S.Unnikrishnan, Santheep Ankarath, P.V.Kunhikrishnan, K.Sasikumar, Augustine Joseph, Alexander Thomas, John Joseph and Smt.P.V.Asha, learned counsel appearing for the party respondents. We also heard Mr.P.K.Ibrahim and Mr.S.Prasanth, learned counsel, who appeared in the connected writ petitions. The learned counsel for the contesting party respondents pointed out that increase in the field of choice at the time of selection will not be illegal and in support of that submission, reliance was placed on the decision of the Apex Court in All India SC & ST Employees' Association v. A.Arthur Jeen [(2007)2 SCC (L&S) 362]. 6. The main point that arises for decision in this Writ Petition is whether the decision of the University to publish Ext.P6 list containing 1909 candidates for the purpose of interview, for selection to the post of Assistant Grade II, in the place of Ext.P2, is valid or not. The learned WPC 15528/07 & CONNC.CASES 6 standing counsel for the University submitted that Ext.P2 itself contemplates publication of supplementary lists. According to him, such publication need not necessarily confine to supplementary list of communities eligible for reservation. Further, it is contended that the direction in Ext.P4 does not stand in the way of calling additional candidates for interview. 7. The High Court is a superior court of unlimited jurisdiction and its directions are to be obeyed irrespective of whatever flaws the orders are thought to contain. If the order is irregular, it can be corrected in review and if the order is regular, it can be corrected in appeal. Unless the order is reviewed or reversed in appeal, the parties thereto are bound by that. Even if the decision is demonstrably wrong, it makes no difference. This is a well- settled legal principle. See the principles stated on the above point in Administrative Law (Ninth Edition) by H.W.R. Wade and C.F.Forsyth: “The order of a superior court, such as the High Court, must always be obeyed, no matter what flaws it may be thought to contain. Thus a party who disobeys a High Court injunction is punishable for contempt of court even though it was granted in proceedings deemed to have been irrevocably abandoned owing to the expiry of a time limit. As Lord Diplock explained: The contrasting legal concepts of voidness and voidability WPC 15528/07 & CONNC.CASES 7 form part of the English law of contract. They are inapplicable to orders made by a court of unlimited jurisdiction in the course of contentious litigation. Such an order is either irregular or regular. If it is irregular it can be set aside by the court that made it upon application to that court; if it is regular it can only be set aside by an appellate court upon appeal if there is one to which an appeal lies.” 8. But, the point canvassed before us is that what was done by the University, by publishing Ext.P6, does not offend Ext.P4. If supplementary lists, for satisfying the requirement of the rules of reservation, are published, the same may not be an action against the direction in Ext.P4, because Ext.P2 itself contemplates publication of such supplementary lists. But, the said stipulation in Ext.P2 concerning publication of supplementary lists cannot take in any list of open merit candidates. Ext.P2 also does not permit expansion of the list by including open merit candidates. Of course, if additional vacancies are available in the course of selection and the rules governing selection do not stipulate that selection can be made only to the notified vacancies and permits the publication of a rank list, which will remain in force for a specified period, the number of candidates called for interview may reasonably be increased. But, the said usual general right of an employer is not available in this case, in view of Ext.P4 judgment of the Division Bench. The decision of the Apex Court in All India SC & ST Employees' Association (supra) will WPC 15528/07 & CONNC.CASES 8 not, in any way, apply to the facts of this case. If additional vacancies are available, the only course open to the University is to go for a fresh selection or to seek appropriate clarification from the Division Bench itself or from the appellate court, enabling it to add additional open merit candidates other than the candidates belonging to communities eligible for reservation. In view of the above position, Ext.P6 list is quashed. The University is directed to proceed with the selection based on Ext.P2 list. But, the University will be free to publish supplementary lists of candidates for the purpose of satisfying the requirement of the rules of reservation. The University shall complete the selection proceedings and publish the rank list within two months from the date of receipt of a copy of this judgment. The Writ Petition is allowed as above. W.P.(C) No. 18167/2007: 9. The judgment in W.P.(C) No.15528/2007 will govern this case also. W.P.(C) No.18620/2007: 10. In view of Ext.P4 judgment in W.P.(C) No.15528/2007 and our judgment in W.P.(C) No.15528/2007, no reliefs sought for in this Writ Petition could be granted. Accordingly, it is dismissed. WPC 15528/07 & CONNC.CASES 9 W.P.(C) No.28783/2007: 11. This Writ Petition is filed, challenging the proceedings of the L.B.S. Centre for Science and Technology concerning revaluation. In view of Ext.P4 judgment in W.P.(C) No.15528/2007, the prayers sought in this Writ Petition cannot be granted. Accordingly, this Writ Petition is also dismissed. K.BALAKRISHNAN NAIR, JUDGE. M.L.JOSEPH FRANCIS, JUDGE. nm/