IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WA.No. 2291 of 2005() --------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16488/2004 DATED 27/07/2005 .................... APPELLANT: PETITIONER: ----------------------------------------- T.G.PREETHA, W/O.K.S.ARUMUGHAN, 30 YEARS, RESIDING AT THAZHETHETHIL HOUSE, THARANGALI MANNANUR P.O., KAVALAPPARA, SHORNOOR, PALAKKAD DISTRICT. (FORMER INSTRUCTOR DANCE, KERALA KALAMANDALAM). BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: RESPONDENTS: -------------------------------------------------- 1. KERALA KALAMANDALAM, VALLATHOL NAGAR, CHERUTHURUTHY P.O., THRISSUR DISTRICT. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CULTURAL AFFAIRS DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. SMT. SANGEETHA, W/O.PRASAD, KANAMPARA HOUSE, MULANKUNNATHUKAVU P.O., THRISSUR DISTRICT. SR.GOVERNMENT PLEADER SRI. BENNY GERVACIS FOR R2 ADV. SRI.GEORGE POONTHOTTAM, SC,KALAMANDALAM FOR R1 SRI.P.K.MADHUSOODANAN FOR R3 SRI.S.P.ARAVINDAKSHANPILLAY,KER.KALAMANDALAM THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------- W.A.No.2291 OF 2005 ------------------------------------- Dated 15th October, 2008 JUDGMENT Koshy,J . Appellant/petitioner is a Dance Teacher. She applied for the post of Instructor in Dance in the Kerala Kalamandalam which is a fully autonomous institution pursuant to Ext.P1 notification. The statutory committee conducted interview and merit list was published. The appellant did not come within the first three ranks. According to the respondents, the appellant's performance in the interview was poor. No allegations of malafides were there. According to the appellant, she being a scheduled caste ought to have been appointed by applying rules of reservation. The rules made by the first respondent specifically provides reservation only in respect of non-teaching staff. In the notification pursuant to which she applied, there was no mention that rules of reservation will apply. Merely because she participated in the interview but, did not obtain the required rank, she cannot say that she should be appointed by applying rules of community reservation. We fully agree with the learned single Judge. The appeal is dismissed. J.B.KOSHY JUDGE K.P.BALACHANDRAN JUDGE tks