IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 17TH OCTOBER 2011 / 25TH ASWINA 1933 WA.No. 1057 of 2011() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18102/2010 Dated 02/09/2010 .................... APPELLANT(S): PETITIONER: -------------------------------------------- M.SUDHEER, S/O.MEERANKUTTY, THEKKETHARA, MARUTHA ROAD, PALAKKAD. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, BY ADV. SRI.S.SUJIN, SRI.M.PREMKUMAR. RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. THE EXECUTIVE COMMITTEE OF KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY IT'S VICE CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY POST, VELLANIKKARA, THRISSUR, PIN: 680 654. 2. THE REGISTRAR, KERALA AGRICULTURAL UNIVERSITY POST, KERALA AGRICULTURAL UNIVERSITY (P.O), VELLANIKKARA, THRISSUR, PIN: 680 654. R1 & R2 BY ADV. SRI.K.P.MUJEEB, SC, KERALA AGRI UNIVERSITY THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN & C.T.RAVIKUMAR, JJ. ---------------------------------------- W.A.No.1057 of 2011 ---------------------------------------- Dated this the 17th day of October, 2011 JUDGMENT Thottathil B.Radhakrishnan, J. This appeal is by the writ petitioner. 2. The respondents who are authorities or officers of the Kerala Agricultural University issued notification on 19.2.2004 inviting applications for appointment of drivers. The last date for submission of applications was 31.3.2004. The appellant applied. In 2009, the selection process of conducting written test etc. commenced. The written test was on 7.6.2009 and the trade test and driving test was on 5.3.2010. The select list was published on 1.6.2010 showing the appellant at serial No.81, in the open market category (non-reserved category). Thereupon, the appellant projected a case that he is entitled to be considered against the OBC quota and that he does not belong to the Creamy Layer. For this, he put forward Exts.P3 and P4 representations with Ext.P1 certificate of the Village Officer. That certificate is dated 17.3.2010. The University authorities did not accept his request to treat him as an OBC candidate. Hence, the writ petition. 3. The learned Single Judge noticed that no claim for reservation was made by the appellant when he applied for the post. W.A.No.1057/2011 2 The last date for submission of applications was on 31.3.2004. As rightly noted by the learned Single Judge, the applicants were required to state categorically against column No.13 of the application answering the query “Are you eligible for Reservation in appointments? If YES give details (attach certificate)”. The appellant, admittedly, did not claim the benefit of reservation. He specifically stated “NO” in column 13 of the application. Nothing prevents a candidate eligible for reservation to confine his application to open market i.e., the non-reserved category. He cannot thereafter be permitted to alter the claim made in the application and seek change over, for being considered with the benefit of reservation. Such change of category, if permitted, would only interfere with the due process of selection. We do not find any illegality in the view taken by the learned Single Judge in the matter. The learned Single Judge has rightly refused to exercise jurisdiction under Article 226 of the Constitution of India. The writ appeal, therefore, fails. In the result, this writ appeal is dismissed in limine. Sd/- THOTTATHIL B. RADHAKRISHNAN Judge Sd/- C.T.RAVIKUMAR Judge TKS/17.10.11