IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 OP.No. 18201 of 1999(P) ----------------------- PETITIONER: ------------------ SAJITHA C.M., ABDUL JALEEL MANZIL, ERAVAKKAD P.O., PALAKKAD DISTRICT. BY ADV. SRI.P.CHADRASEKHAR RESPONDENT(S): ------------------------ 1. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR, KOTTAYAM. 2. MARY LUBI C., LECTURER, CHEMICAL ENGINEERING, UNIVERSITY COLLEGE OF ENGNINEERING, MAHATMA GANDHI UNIVERSITY, THODUPUZHA. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON C.M.P.NO.29847/99 IN OP.NO.18201/99 //DISMISSED// 03.06.2011 SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) T.R.RAMACHANDRAN NAIR,J. ------------------------------------- O.P.No. 18201 Of 1999 ----------------------------------------------------- DATED THIS THE 3rd DAY OF JUNE, 2011 J U D G M E N T In this Writ Petition, the petitioner is aggrieved by the appointments made by the 1st respondent-University in the Self- Financing College. 2. The petitioner was one of the applicants for the post of Lecturer in Chemical Engineering in the University College of Engineering, Thodupuzha under the 1st respondent-University. Mainly it is contended that for appointment of Lecturers under the 1st respondent, the Self Financing Institution has to be treated as a single unit for the purpose of communal reservation. Pursuant to an interview for selection of eligible candidates separate lists were prepared for various subjects including one post of Lecturer in Chemical Engineering. The petitioner was Sl.No.5 in the ranked list published, who belongs to Muslim Community. Accordingly, it is contended that the petitioner was entitled to be appointed for the post of Lecturer in Chemical Engineering. Hence, the petitioner challenges the appointments O.P.No.18201/99 -2- made. 3. The prayer is to quash Exhibit P4 by which appointments were made. 4. The University has filed a detailed statement. It is pointed out that as per the provision in Chapter III of Clause 3 of Mahatma Gandhi University Statutes, all the teaching departments under the University are to be treated as a single unit. The vacancies of Lecturers for all the self-financing schools are pooled together to treat it as a single unit for observing communal reservation laid down in Kerala State and Subordinate Services Rules. The details of the reservation provided to Muslim community in the appointments under Self-Financing Institutions upto rotation turn 100 has been given in paragraph No.5 of the statement. It is pointed out that altogether 11 candidates belonging to Muslim Community were advised for appointment under the Self-Financing Institutions. The ranked list was valid for a period of two years. It is thus pointed out that probable vacancies arising during the currency of the ranked list also will be taken into account. O.P.No.18201/99 -3- 5. Evidently, therefore, the contention raised by the petitioner cannot be accepted. As explained in the statement of the University it is clear that the 2nd respondent was appointed against the passed over vacancy of Latin Catholic Community. She was Sl.No.9. 6. In that view of the matter also the selection and appointment cannot be said to be illegal in any manner. The contention that the college should have been taken as a unit cannot be accepted, since various self-financing institutions put together will have to be taken as one unit. The respondents have also pointed out that the appointments have been made strictly observing the rules regarding communal reservation. For all these reasons I do not find any reason to interfere with the selection and appointment and the Writ Petition is dismissed. No costs. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge