Appointment in Calicut university has subverted reservation, amend appointment of teachers as well: High court

KOCHI: To implement reservation of differently-abled categories in teaching posts in the University of Calicut by creating new turns in the rotation, the order of community reservation has been perverted, says the high court. A division bench comprising Justice PB Suresh Kumar and Justice Sophie Thomas ordered to correct this.

The verdict was in an appeal filed by Dr. KP Anupama, a native of Malappuram, stating that despite being ranked second in the list for the appointment of Asst. professor to the Journalism Department of the University of Calicut, she was not appointed. The Division Bench held that the petitioner lost the appointment due to the violation of the existing order of community reservation (rotation) in university appointments and ordered to appoint her.

The notification has been issued for the appointment of 63 Asst. professor vacancies. Two of these vacancies were in the Journalism Department. The first rank person was appointed to the first vacancy. According to the rotation, the Ezhava community should have got the second vacancy. In addition to the second rank, this level was also eligible. Anupama argued that she was not appointed still. The Ezhava community is entitled to nine seats in the notified vacancies, but one seat has been lost due to the change in turn.

University's contention is illegal

The University further contended that the rotation has been changed to provide reservations for differently-abled persons and a person from the differently abled category is eligible for appointment in the rotation claimed by the petitioner. As there were no applicants from the differently abled category, no appointment was made. Following this, the university created new turns. The Division Bench stated that this is a violation of the Kerala State and Subordinate Service Rules and that the change in the existing community reservation system to provide reservations to differently-abled persons is not legal. The Supreme Court has clarified the procedure to be followed for differently abled reservations, including in the Indra Sawhney case. Accordingly, the High Court said that the rotation chart can be regularized and those who are currently appointed can be retained in such a way that they can be considered for future vacancies.