IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WA.No. 452 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5588/2011 Dated 28/03/2011 .................... APPELLANT(S): / PETITIONERS -------------- 1. MINI R MAMATHA, CHORNADU, VADAMON PO, ANCHAL KOLLAM 691 306. 2. RAJESH KUMAR S (AGED 36 YEARS, S/O.SASIDHARAN PILLAI) NIKUNJAM ,TC 33/1807, NETHAJI ROAD, VATTIYOORKAVU, THIRUVANANTHAPURAM 695 014. 3. INDU I ASWATHY, NEAR MINI ESTATE PLACODE, EDAIKKADOM PO, EZHUKON, KOLLAM 691 505. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH RESPONDENT(S): / RESPONDENT & ADDL.2ND RESPONDENT --------------- 1. UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR UNIVERSITY CAMPUS, PALAYAM THIRUVANANTHAPURAM 695 034. 2. RAJI MARY JOSE, AGED 34 YEARS W/O.SANDEEP THOMAS, RESIDING AT SITHARA 615 PRASHANT NAGAR, MEDICAL COLLEGE PO THIRUVANANTHAPURAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. ---------------------------------- W.A.No.452 of 2011 --------------------------------- Dated, this the 6th day of April, 2011 J U D G M E N T Ramachandran Nair, J. The appellants, three in number, were selected for appointment as Assistant Gr.I in the Kerala University. The selection led to preparation of a rank list with as many as 1425 candidates therein. Learned Standing Counsel for the University submitted that out of the selected candidates 198 were advised for appointment and 177 were already appointed. The allegations of corruption and favouritism in the whole selection process led to the Lok Ayukta conducting enquiry and recommending the Government to cancel the rank list. However, when the Lok Ayukta's order was challenged before this Court, this Court constituted a Committee to look into the allegations and the Committee has now forwarded its recommendations to the Lok Ayukta. We are told that the Committee has also made adverse comment on the selection made. If the selection made is irregular and improper, certainly the same W.A.No.452/2011 -2- calls for cancellation of the list. 2. The appellants' contention is that they are similar to the persons already joined in service though lower in rank, and therefore they should also be appointed on same terms and conditions pending finalisation of enquiry. Learned counsel for the appellants pointed out that large number of posts are lying vacant to be filled up from the list. In view of the prima facie finding by the Lok Ayukta and the Committee against the propriety and legality of the selection and appointments made, we do not think we should perpetuate the mistake or irregularity, and therefore we decline to grant the relief prayed for. However, we feel if the selection is found to be valid, the appellants and other candidates should get extended time for appointments. 3. We accordingly, dispose of the Writ Appeal grating three months' time to the respondents to make appointments, if the rank list is upheld by the Lok Ayukta. The three months' time will be available from the date of final disposal of the matter by the Lok Ayukta. Considering the grievous nature of the allegations, we direct the Lok Ayukta to consider the report of the Committee, issue public W.A.No.452/2011 -3- notice through advertisement in news papers and proceed with the matter. The matter shall be finalised as expeditiously as possible, at any rate, within two months of receipt of a copy of this judgment. 4. We make it clear that the Lok Ayukta should consider initiation of action against those involved in perpetuating this illegality. We made the above observations based on what is stated in Court and we have not gone through the findings in the order of the Lok Ayukta or comments of the Committee. With the above observations & directions, this writ appeal is disposed of. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg