Kerala High Court Stays Single Bench Judgment On Treating Professors Of Different Subjects As One Unit For Reservations

The Kerala High Court on Friday stayed a single bench judgment which had quashed a recruitment notification issued by the Kerala University on the ground that it treated professors of different departments as one unit to apply reservation for communities.

A division bench comprising Justices A Muhamed Mustaque and Dr Kauser Edappagath stayed the operation of the judgment delivered by a single bench of Justice Amit Rawal on March 31.

The division bench observed that the judgment will have "far-reaching consequences" on the appointments already made and required consideration. The stay order has been passed in the writ appeals filed by the State of Kerala and the University of Kerala.

Advocate General K Gopalakrishna Kurup submitted before the division bench that the judgment is contrary to several long standing precedents laid down by the Supreme Court.

During the brief hearing, Justice Mustaque orally remarked that application of reservation might be difficult if the posts are not treated as a single unit.

Senior Advocate George Poonthottam, appearing for the party respondents, requested the bench to fix the duration of stay and list the matter for hearing on an early date.

Accordingly, the bench has granted a stay for 3 months and listed the matter for hearing on July 12.

The single bench had held that reservations had to be made subject-wise and each post in a particular discipline has to be treated as a single post. The bench struck down the recruitment notification holding that it amounted to giving 100% reservation.

"Once there is no scope of interchangeability of posts in different disciplines, each post in particular discipline has to be treated as a single post. The notification inviting application tantamount to 100% reservation of posts in various disciplines, which are not interchangeable", the bench had observed.

The singe bench also observed :

"There is no dispute to the proposition that reservation in respect of a post of a Professor and the provisions of the reservation provided in the rules (KSSR) would apply, but the same cannot be applied taking all Professor as a "Cadre". In fact, it has to be made "Subject Wise" otherwise, it would create an anomalous situation by treating all Professors of different subjects as one cadre. It would take away the right of consideration/reasonable opportunity to meritorious candidates belonging to general category for appointment."