IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 WP(C).No. 32974 of 2007(A) -------------------------------------- PETITIONER(S): ----------------------- DR.JOHNSON R., SOMAVILAS, VELLIMON P.O. KOLLAM-691 511. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ------------------------- 1. UNIVERSITY OF KERALA, THIRUVANANTHAPURAM REPRESENTED BY ITS REGISTRAR. 2. THE VICE CHANCELLOR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 3. THE REGISTRAR, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, KOLLAM. ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. FOR R.1 TO R3 GOVERNMENT PLEADER FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32974/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE NOTIFICATION DT. 28.9.05 OF THE IST RESPONDENT. P2:- COPY OF THE M.A. DEGREE CERTIFICATE ISSUED OT THE PETITIONER BY THE UNVIERSITY OF CALICUT ON 4.1.91. P3:- COPY OF THE MAKR LIST OF THE M.A. DEGREE EXAMINATION DT. 11.11.97 ISSUED TO THE PETITIONER BY THE UNIVERSITY OF CALICUT. P4:- COPY OF THE M.PHIL DEGREE CERTIFICATE DT. 29..03 ISSUED TO THE PETITIONER BY THE IST RESPONDENT P5:- COPY OF THE DOCTORAL DEGREE CERTIFICATE DT. 17.12.03 ISSUED TO THE PETITIONER BY THE M.G.UNIVERSITY. P6:- COPY OF THE IST PAGE OF THE S.S.L.C. BOOK OF THE PETITIONER. P7:- COPY OF THE NOTIFICATION DT. 29.10.05 PUBLISHED IN THE KERALA GAZETTE. P8:- COPY OF THE CERTIFICATE DT. 7.11.05 ISSUED BY THE TAHSILDAR, KOLLAM TO THE PETITIONER. P9:- COPY OF THE COMMUNICATION DT. 17.4.07 ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT. P10:- COPY OF THE NEWS ITEM APPEARD IN THE HINDU DAILY DT. 27.5.07. P11:- COPY OF THE REPRESENTATION DT. 5.7.07 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P12:- COPY OF THE REPRESENTATION DT. 28.5.07 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P13:- COPY OF THE COMMUNICATION DT. 2.7.07 OF THE 3RD RESPONDENT. P14:- COPY OF THE COMMUNICATION DT. 11.7.07 SENT BY THE 4TH RESPONDENT TO 3RD RESPONDENT. P15:- COPY OF THE REPLY DT. 6.7.07 RECEIVED BY THE PETITIONER FROM THE PUBLIC INFORMATION OFFICER. P16:- COPY OF THE REPLY DT. 3.8.07 SENT BY THE 3RD RESPONDENT TO THE PETITIONER. P17:- COPY OF THE MINUTES OF THE MEETING OF THE STANDING COMMITTEE HELD ON 18.1.08. W.P.(C) NO.32974/2007 P18:- COPY OF THE RESOLUTION OF THE SYNDICTE CONTAINED IN THE MINUTES OF THE MEETING HELD ON 27.3.08. P19:- COPY OF THE RESOLUTION OF THE SYNDICATE IN THE MEETING HELD ON 19.3.08. RESPONDENT'S EXHIBITS R3(a):- COPY OF THE REPORT APPEARED IN DESABHIMANI DAILY DT. 14.2.04. /TRUE COPY/ P.S. TO JUDGE tss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 32974 OF 2007 A = = = = = = = = = = = = = = = Dated this the 23rd day of October 2008 J U D G M E N T Ext. P1 is a notification issued by the University of Kerala inviting applications for various posts including three posts of Lecturer in Psychology. These posts were reserved for Muslim, Open Merit and Latin Catholic/Anglo Indian candidates respectively. Petitioner submitted his application for the vacancy earmarked for LC/AI and was issued Ext. P9 call letter for interview. He was interviewed by a Selection Committee constituted in terms of the University Statute. Though the other two vacancies were filled up, appointment to the 3rd vacancy reserved for LC/AI was not made. On enquiry, petitioner came to know that this was due to a doubt entertained by the University regarding his community status. 2. Apparently, his S.S.L.C. book originally contained his community status as Bharata convert which was corrected into Lathin Catholic. It is also stated that the University had received a complaint regarding the community status of the petitioner. These made the University to address Ext. P13 letter to the District W.P.(C) No.32974 OF 2007 [A] -2- Collector, Kollam requesting him to intimate the community status of the petitioner and also to intimate the effective date from which he made conversion of community, if any. Reply from the District Collector is Ext. P14, confirming that the petitioner belongs to Christian Latin Catholic community, an O.B.C. and that Ext. P8 certificate issued by the Tahsildar was correct and genuine in all respects. 3. Despite this, since appointment was not forthcoming, this writ petition was filed and subsequently, this Court also passed an interim order on 28.3.2008 that re-notification of the vacancy will be subject to the result of the writ petition and that no appointment shall be made in pursuance thereof. Petitioner submits that following the receipt of Ext. P14, the matter was considered by the Standing Committee of the University and referring to Ext. P17 minutes, it is contended that the Standing Committee referred the matter to the Syndicate. Accordingly, the Syndicate in its meeting held on 27.2.2008 considered the matter and passed Ext. P18 resolution to appoint the petitioner as he was the only candidate interviewed under the Latin Catholic category. It is seen from Ext. P19 agenda that again the matter was placed before the Syndicate, W.P.(C) No.32974 OF 2007 [A] -3- on the basis that the Selection Committee had not recommended his name in view of the doubt regarding his community status and that in such a case appointment could be made only with the assent of the Chancellor. 4. In the counter affidavit filed by the University, it is stated that though the petitioner was interviewed by the Selection Committee on 27.4.2007, in view of the doubtful community status of the petitioner, the Selection Committee did not recommend his name for appointment. It is seen that during the pendency of this writ petition since the University was not satisfied with Ext. P14 letter issued by the District Collector, it had referred the matter to KIRTADS for enquiry and report. When the writ petition came up for hearing on 30.6.2008, the following order was passed on that day: “It is submitted that the university was not satisfied with the certificate issued by the District Collector stating that the petitioner belongs to Christian - Latin Catholic Community which comes under OBC list of the Kerala State. It is also submitted that on the matter was referred to 'KIRTADS' and a report from 'KIRTADS' is expected. The university shall take necessary steps to finalise the matter within a period of two months and intimate its decision to the petitioner”. It is stated that in pursuance to the said order, the University had W.P.(C) No.32974 OF 2007 [A] -4- issued a reminder to the KIRTADS and that despite the reminder, report has not been received so far. Therefore, the Syndicate in its meeting held on 14.8.2008 considered the matter and resolved to re-notify the post. It is at that stage the writ petition is coming up for hearing. 5. Admittedly, the petitioner had responded to the vacancy of lecturer earmarked for Latin Catholic community. Being the only candidate, he was also interviewed by the Selection Committee. Though the petitioner has produced Ext. P8 community certificate, the University was not satisfied with the same. If so it is open to the University to hold further enquiry into the community status. This the University has done and the matter is now pending enquiry by the KIRTADS. It was taking note of the pendency of the matter before the KIRTADS and at the same time not to cause prejudice to the petitioner that this Court passed the order on 30.6.2008 requiring the University to get the matter expedited and to finalise the issue. This does not in any manner mean that if the report is delayed the University should cancel the selection itself. That is not the manner of finalisation that this Court intended when order dated 30.6.2008 was passed. In my view the University should have got W.P.(C) No.32974 OF 2007 [A] -5- expedited the report of KIRTADS and on that basis should have taken a decision regarding the third vacancy notified by Ext. P1, instead of straight away cancelling the very selection itself. Therefore, I cannot approve the decision that the Syndicate took on 14.8.2008 to re-notify the post, and I direct that the Syndicate should get the matter expedited by KIRTADS and based on the report, take a decision in the matter. 6. Accordingly, the writ petition is disposed of directing that the University shall take up the matter with KIRTADS and get the enquiry expedited and on receipt of the report from KIRTADS take a decision on the claim of the petitioner for appointment to the third vacancy of Lecturer in Psychology reserved for Latin Catholic community notified by Ext. P1. ANTONY DOMINIC JUDGE jan/-