IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 32198 of 2006(G) -------------------------- PETITIONER: ------------ DR. PRAVEENA R., KARTHIKA, WARD NO.IV, MUTTAMBALAM P.O., KANJIKUZHI, KOTTAYAM. BY ADV. SMT.V.P.SEEMANDINI (SR) SMT.S.KARTHIKA SMT.T.B.REMANI SRI.M.R.ANISON SRI.T.R.RAJESH SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI RESPONDENTS: ------------- 1. KERALA AGRICULTURAL UNIVERSITY, REP. BY ITS REGISTRAR, MAIN CAMPUS, VELLANIKKARA, THRISSUR. 2. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, GOVT. SECRETARIAT, TRIVANDRUM. BY ADV. SRI.N.D.PREMACHANDRAN, SC, AGRL.UNTY. SMT.P.JAYA, SC, AGRL. UNIVERSITY SENIOR GOVERNMENT PLEADER, SRI.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, ALONG WITH WPC NO. 33005 OF 2006 AND CON. CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.32198/2006 APPEPNDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE NOTIFICATION DATED 2.5.2005 ISSUED BY THE 1ST RESPONDENT. EXT. P2: COPY OF THE SELECT LIST DATD 29.9.2005 PUBLISHED BY THE REGISTRAR OF THE 1ST RESPONDENT UNIVERSITY. EXT. P3: COPY OF THE 431ST MEETING OF THE EXECUTIVE COMMITTEE OF THE UNIVERSITY HELD ON 1.6.2006. EXT. P4: COPY OF THE RELEVANT PAGES OF THE REPORT SUBMITTED BY THE DIRECTOR OF EXTENSION REGARDING THE VACANT POSTS IN VARIOUS KVKS TO THE EXECUTIVE COMMITTEE OF THE UNIVERSITY. EXT. P5: COPY OF THE ANNUAL REPORT OF THE KERALA AGRICULTURE UNIVERSITY, 2005 - 2006. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) Nos. 32198/06, 33005/06, 25670/07, 26839/07 & 26924/07 ======================= Dated this the 14th day of January, 2008 JUDGMENT In all these writ petitions, the issue involved is the same, namely, as to whether the Kerala Agricultural University can fill up vacancies from the rank list prepared pursuant to notification inviting applications dated 2.5.2005 for filling up 24 vacancies, in excess of the notified vacancies. W.P.(C) No.25670/07 is filed by an aspirant for appointment in the University seeking a direction to the University not to fill up any other vacancies than what have been notified in the notification inviting applications. The other 4 writ petitions are filed by candidates in the rank list, who aspire for appointment to vacancies which have arisen in addition to the 24 vacancies notified as per the notification inviting applications. The contention of the petitioner in W.P(C) No.25670/07 is that going by the decision of the Supreme Court and this Court on the subject, only notified vacancies can be filled up from the list prepared pursuant to notification inviting W.P.(C) Nos. 32198/06 & Con. Cases -2- applications. Therefore, according to the petitioner in that writ petition, since all the 24 vacancies notified by the notification inviting applications in this case have been filled up, no further vacancies can be filled up from the rank list so prepared and any further vacancies can be filled up only after inviting fresh applications to those vacancies. 2. On the other hand, the petitioners in the other 4 writ petitions would contend that the vacancies notified are subject to variation as specifically noted in Ext.P1 itself and therefore, there would be no embargo in filling up of vacancies which have arisen subsequently also, from the rank list. According to them, going by the notification, applications were invited exclusively for filling up various posts sanctioned in the 4 Krishi Vigyan Kendras at Kottayam, Thrissur, Malappuram and Kannur. But the University has filled up only 16 vacancies in the said four Krishi Vigyan Kendras. Persons were appointed from the list prepared, to other departments of the University and other Krishi Vigyan Kendras. The petitioner in W.P.(C) No.32198/06 also raises a contention that the University has in fact filled up a 25th vacancy also, namely that of Dr.G.S.Sreedaya which would W.P.(C) Nos. 32198/06 & Con. Cases -3- show that the notified vacancies are more than 24 and therefore, further vacancies would also have to be filled up from the list available. Several statements have been filed by the University. However, they have filed a consolidated statement in W.P.(C) No.26839/2007. As per the same, they admit that sanction was granted by the Government of Kerala to the University only for filling up the 24 newly created vacancies in the 4 Krishi Vigyan Kendras at Kottayam, Thrissur, Malappuram and Kannur. According to the University, 24 vacancies in those 4 Krishi Vigyan Kendras were only filled up. However, in the exigencies of service, it became necessary for some of those 24 persons so appointed to be transferred to other Krishi Vigyan Kendras of the University, which alone has been done as explained in the consolidated statement. They would submit that as far as Dr.G.S.Sreedaya is concerned, the University has given appointment to that person, only as per an interim order dated 21.8.07 of this Court in W.P.(C) No.33005/06 which writ petition is also being disposed of by this judgment. 3. I have considered the rival contentions in detail. The University does not dispute the legal position that appointments W.P.(C) Nos. 32198/06 & Con. Cases -4- cannot be made to vacancies other than those notified as per the notification inviting applications. That position of law has also been settled by the decision of this Court and that the Supreme Court in Rajamohan v. State of Kerala and Others (ILR 1997 (1) Kerala 199) and State of UP v. Nidhi Khanna (2007 3 KLT SN 69 (C. No.89)). In this case it is submitted by the University that sanction was granted by the Government to fill up 24 posts in the 4 Krishi Vigyan Kendras at Kottayam, Thrissur, Malappuram and Kannur. Going by Ext.P1 notification inviting application it is clear that the applications were invited exclusively for the newly sanctioned Krishi Vigjana Kendras at Kottayam, Thrissur, Malappuram and Kannur. That being so, notwithstanding the note in Ext.P1 notification to the effect that the number of vacancies notified above is subject to verification, it is clear that the University could not have filled up any other vacancies than the 24 newly sanctioned vacancies in the Krishi Vigjan Kendras mentioned above. The legal position being that vacancies in excess of the notifications inviting applications cannot be filled up from the list prepared pursuant to such notification, I have no doubt in my mind that the University W.P.(C) Nos. 32198/06 & Con. Cases -5- could not have filled up any other vacancies other than the 24 sanctioned vacancies, from the list prepared pursuant to Ext.P1 notification inviting applications, notwithstanding the fact that further vacancies have arisen during the currency of the rank list prepared pursuant to Ext.P1. 4. I also find that the appointment to the 25th vacancy was evidently pursuant to the interim order dated 21.8.2007 in W.P.(C) No.33005/2006. In the light of the view I have taken as above that writ petition also is liable to be dismissed. In such event the interim order would also lose its effectiveness and the appointment made pursuant to interim order would also has to be cancelled. In the above circumstances, W.P.(C) No.25670/07 is disposed of with a direction that no appointments other than to the 24 notified vacancies can be made from the list prepared pursuant to Ext.P1 notification inviting applications. The other four writ petitions would stand dismissed. S.SIRI JAGAN, JUDGE jp