The remark was made by a division bench comprising justices AK Jayasankaran Nambiar and Gopinath P within the judgment on an attraction (W.A. No. 222/2021) filed by Biju CV of Koothattukulam via advocate Kaleeswaram Raj. The appellant was in an expired PSC rank record for the common put up of college assistant at Cochin University of Science and Technology (CUSAT) however the court docket discovered that some temporary posts of college assistants had been created when the rank record was nonetheless legitimate.
In the judgment, the court docket mentioned, “Inasmuch because the University is an entity that solutions to the outline of ‘State’ throughout the which means of that time period beneath Article 12 of the Constitution of India, it might be incumbent upon them to stick to the precept of equity in motion which varieties an integral side of the Rule of Law. The University can’t be seen as excluding a consideration of candidates discovered meritorious for filling up common posts, whereas filling posts which can be temporary in nature. In different phrases, merely as a result of the empanelment of a meritorious candidate was in reference to recruitment to
commonly sanctioned posts, it can’t comply with that the mentioned candidate is not going to be thought-about for appointment to temporary posts carrying the identical nomenclature and tasks as that of the common posts. In our view, when there are commonly sanctioned posts of University Assistants within the Cochin University, and there are temporary posts created as well as thereto for the needs of assembly administrative exigencies, the ideas of equity would mandate that, whereas filling up the temporary posts, a proper of first refusal be prolonged to these candidates who’re empanelled in an inventory ready by the PSC, and are ready for appointment to common sanctioned posts of the identical class. This is to not say that the PSC must be concerned within the choice course of of candidates to the temporary posts aforementioned, however solely that the advantage of a candidate, who has undergone a range course of, on the occasion of the PSC, can’t be ignored whereas filling up temporary posts of University Assistants.”
Further, the court docket directed CUSAT to offer choice to candidates in present rank record of PSC when temporary appointments are made to the put up of college assistants, both contractual or on day by day-wage foundation. The notification being issued by the college must also state that due choice shall be given to candidates in a present PSC rank record, the court docket directed.