IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 OP.No. 10125 of 2000(E) ----------------------- PETITIONER: ------------ V.G.THANU, S/O.M.V.GOVINDAN, MADACKAL HOUSE, MELUR P.O., THALASSERY, CANNANORE DT. BY ADV. SRI.T.C.GOVINDA SWAMY RESPONDENTS: ------------- 1. STATE OF KERALA, REP. CHIEF SECRETARY, TO GOVT. OF KERALA, SECRETARIAT, TRIVANDRUM. 2. SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, THROUGH ITS REGISTRAR. 3. P.V.RAJEE, LECTURER, SANSKRIT SPECIAL (SAHITYA), SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. 4. NANDAKUMARAN THAMPURAM, LECTURER, SANSKRIT SPECIAL (SAHITYA), SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY. BY ADV. SRI.A.JAYASANKAR SRI.C.ANIL KUMAR SRI.NANDINI MENON GOVERNMENT PLEADER SHRI.T.T.MUHAMOOD SRI.NAGARAJ NARAYANAN, SC,SANSKRIT UTY. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.10125/00. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE NOTIFICATION DTD.5.9.97. P2. COPY OF THE RELEVANT PAGES OF INSTRUCTIONS TO APPLICANTS. P3. COPY OF THE RELEVANT PORTION OF PART II OF KSSR. P4. COPY OF THE REPRESENTATION DTD.19.1.00 RESPONDENT'S EXHIBITS: Ext.R2(A) COPY OF THE PROVISIONAL RANK LIST.. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.10125 of 2000 ================== Dated this the 25th day of February, 2008 J U D G M E N T The petitioner challenges the appointment made by the 2nd respondent University to the post of Lecturer (Sanskrit/ Special/Sahitya). According to the petitioner, if the communal rotation is worked out in accordance with Rule 14 of the KS&SSR, the petitioner would have been eligible for appointment to the 22nd vacancy, which has not been granted to him, although 24 vacancies were filled up. The petitioner has extracted the rank list in paragraph 1 of the original petition and he has worked out the communal rotation in accordance with Rule 14 based on that rank list in paragraph C of the original petition. It is going by the said rotation that the petitioner claims that he has to be appointed in the 22nd vacancy. 2. The University has filed a counter affidavit along with which they have produced Ext.R2(a) which is the rank list published, which is the same as the one given by the petitioner in paragraph A of the original petition, with only one difference that the communities shown against some of the candidates included in the rank list differ. Since the petitioner claims communal rotation as Thiyya we are only concerned with Ezhava/Thiyya o.p.10125/00 2 included in the list. In Ext.R2(a) rank No. 22, Ajithkumar.K.V. and rank No.27, Sudharmany.L, come in under the category of Thiyya/Ezhava. However, in the petitioner's rank list K.V.Ajithkumar is OBC and Sudharmany.L. is shown as Open category candidate. Apart from that there are three other Ezhava/Thiyya candidates at rank Nos. 30, 34 and 38 namely, Ambika.K.G., N.K.Lalana and Denasan Pokirantavida, who are above the petitioner who is at rank No.41. Naturally this mistake has been carried over to the communal rotation worked out by the petitioner by not taking into account Ajithkumar and Sudharmany.L as Ezhava/Thiyya. If Ajithkumar and Sudharmany and the others are considered ahead of the petitioner in the rotation, the petitioner cannot be included in the 24th vacancy obviously. Therefore, the petitioner has filed this original petition apparently under a misconception that the said persons mentioned are not Thiyyas/Ezhavas. Therefore, the petitioner is not entitled to succeed in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE o.p.10125/00 3 S.SIRI JAGAN, J. ============== O.P.No.10125 of 2000-E ============== J U D G M E N T 25th February, 2008