IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 23532 of 2002(B) ---------------------------------- PETITIONER: ------------------- NIZAR P.K., S/O. MOYI, AGED 28 YEARS, PUTHANKUNNU HOUSE, P.O. PUDUPPADI, CILICUT - 80. BY ADV. SMT.M.C.BINDUMOL. RESPONDENTS: ----------------------- 1. THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, COCHIN-22. 2. GOVERNMENT OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SRI. SUNIL CYRIAC, SC. ADV. SRI.S.GOPAKUMARAN NAIR, SC, ADV. SRI.A.A.ABUL HASSAN,SC. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P. NO. 40132/2002 IN O.P. NO. 23532/2002-B DISMISSED 08/02/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ADMISSION CARD DTD. 08/09/1999 ISSUED TO THE PETITIONER. EXT.P.2: COPY OF THE RANK LIST NO. RECTT.SN/TYPIST-STENO/99 DT. 18/04/2000. EXT.P.3: COPY OF THE REPRESENTATION DTD. 08/03/2002 ADDRESSED TO THE VICE CHANCELLOR, COCHIN UNIVERSITY. EXT.P.4: COPY OF THE REPRESENTATION DTD. 18/04/2002 ADDRESSED TO THE HONOURABLE MINISTER FOR EDUCATION. EXT.P.5: COPY OF THE REPRESENTATION DTD. 25/04/2002 ADDRESSED TO THE HONOURABLE CHIEF MINISTER, GOVT. OF KERALA. EXT.P.6: COPY OF THE REPRESENTATION DTD. 25/04/2002 ADDRESSED TO THE VICE CHANCELLOR, COCHIN UNIVERSITY. EXT.P.7: COPY OF THE GOVT. CIRCULAR NO. 6839/R1/02/H. EDN. DTD. 04/04/2002. EXT.P.8: COPY OF THE EXTRACT OF THE MALAYALA MANORAMA DAILY DT. 04/06/2002. EXT.P.9: COPY OF THE GOVT. ORDER NO. 11122/B2/2002/H.EDN. DTD. 23/09/2002 ISSUED TO THE R.1. UNIVERSITY. EXT.P.10: COPY OF THE GOVERNMENT ORDER NO.4.33153/B2/03/H. EDN. DTD. 30/10/04. EXT.P.11: COPY OF THE AUDIT REPORT WHICH WAS PRODUCED BY THE UNIVERSITY AS EXHIBIT R1.B ALONG WITH THEIR COUNTER AFFIDAVIT IN O.P. NO. 668/02. EXT.P.12: COPY OF THE STATEMENT FILED BY THE COUNSEL FOR THE R.1. IN O.P. NO. 18828/2002. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. P.N. RAVINDRAN, J. --------------------------------------------------------------- O.P.NO.23532 OF 2002-B -------------------------------------------------------------- Dated this the 8th day of February, 2008. JUDGMENT The prayers in this original petition are as follows: i. issue a writ of certiorari or any other appropriate writ quashing appointments made to the post of Typist/Stenographer and to different posts under Class III category under first respondent University in violation of the reservation rules; ii issue a writ of mandamus or any other appropriate writ commanding the respondents that by applying communal rotation postwise, ie. to treat posts of Typist/Stenographer to all the departments of the first respondent University as a single unit fill up the said post. iii. to declare that the petitioner is entitled for appointment as LD Typist/Stenographer in the vacancy arose prior to the expiry of the validity of the Ext.P2 rank list; iv. to declare that vacancy to the post of Typist/Stenographer filled up by applying the communal rotation to Class-III post as a whole including different posts and pursuant to the rank lists prepared at different times preceded by tests or interview conducted at different times is violative of the General Reservation Rules and the Cochin University of Science and Technology Act, 1986; v. to declare that when the ban imposed by the Government filling up of all the posts are adopted and applied in the first respondent University and on extending the validity of rank list published by the Public service Commission, the OP.No.23532/02 : 2 : first respondent is correspondingly bound to extend the validity of Ext.P2 rank list also; vi. to declare that non extension of the validity of Ext.P2 rank list is vitiated by colour of politics, unreasonable and violative of the fundamental rights of the petitioner under Articles 14 and 16(1) of the Constitution of India and against the legitimate expectation in the matter.” 2. The petitioner is a candidate included in Ext.P2 rank list. His main grievance is that the University is not willing to extend the validity of the list notwithstanding the ban on appointments imposed by the State Government. Yet another grievance is that the rules of communal reservation have not been applied by treating all the departments of the University as a single unit. Exhibit P2 list came into force on 18.4.2000 and it was valid for a period of two years. The validity of the list expired long before this original petition was filed. Further, if the reliefs sought for by the petitioner are granted, it will adversely affect those who have already been appointed from Ext.P2 list. No one of the selected candidates named in Ext.P2 list are in the party array. 3. In the absence of affected persons in the party array , I am OP.NO.23532/02 : 3 : of the view that no reliefs can be granted to the petitioner. At this stage, without proper and necessary parties on the party array if a direction as prayed for by the petitioner is issued, it will result in gross injustice to them. Further, it is brought to my notice that O.P.No.18828 of 2002 filed challenging the very same list has been dismissed by this Court. The original petition accordingly fails and it is dismissed. No costs. P.N. RAVINDRAN, JUDGE. cl P.N. RAVINDRAN, J. O.P.NO.23532 OF 2002-B JUDGMENT 8th February, 2008.