WP(C) NO. 4256 OF 2017 1 2025:KER:25656 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 26TH DAY OF MARCH 2025 / 5TH CHAITHRA, 1947 WP(C) NO. 4256 OF 2017 PETITIONERS: 1 TINU KURIAKOSE AGED 30 YEARS S/O. T.C. KURIAKOSE, THOPPIL HOUSE, CHINGAVANAM PO.,KOTAYAM 2 SUMI.M.M AGED 34 YEARS, W/O. ANILKUMAR.PA PARAMBIKKATTIL HOUSE, V.P PURAM P.O, CHALAKUDY VIA, PIN-680722 3 PRAVITHA I.P AGED 31 YEARS, W/O.VINOD P.N, POTTAKKAL HOUSE, KODUPPASSERY P.O., THOMMANA, IRINJALAKUDA VIA, PIN-680683 4 SUMITHA E.S AGED 31 YEARS, C/O.JOTHISH P.J PAREKKATTIL HOUSE, CAICO ROAD, KURIACHIRA P.O., THRISSUR DISTRICT- 680303 5 ASWATHY P.S AGED 31 YEARS, D/O.SURESHBABU, P.O.CHULOOR, VALAPAD VIA-680567 6 KRISHNAPRIYA P AGED 31 YEARS, D/O. V.P. PRABHAKARA KURUP, KRISHNAPRABHA, KANJIPPADOM.P.O., ALAPPUZHA-688005 7 DIVYA.M.P AGED 27 YEARS, D/O. BHARATHAN, UMMARATHAKATHOOT HOUSE, NANMINDA P.O., NANMINDA VIA, KOZHIKODE DISTRICT-673613 8 AYRINE THOMAS WP(C) NO. 4256 OF 2017 2 2025:KER:25656 AGED 26 YEARS, D/O. THOMAS P VARGHESE, PONNEDATHAMKUZHIYIL HOUSE, ERATHUVADAKARA.P.O., MANIMALA, PIN-686 543 9 VISHNURAJ.N AGED 29 YEARS, S/O. NATARAJAN, VIPIN NIVAS, KALLOMTHAZHAM P.O., KILIKOLLUR, KOLLAM-4 10 SUSMITHA K.S AGED 37 YEARS, C/O.SADANANDHAN, KALIYATH HOUSE, KOORHENCHERY.P.O., THRISSUR DISTRICT-680007 11 MITHA V THILAKAN AGED 36 YEARS, C/O. VINOD.T.R, THANDASSERY HOUSE, CHITTILAPPILLY P.O., THRISSUR DISTRICT-680551 12 PRITTY SUSAN KOSHY AGED 26 YEARS, D/O. KOSHY, A.C, ASSARIPARAMBIL HOUSE, VELANIKAM.P.O., KOTTAYAM DISTRICT-686 514 13 SHEMMER M.K AGED 24 YEARS, S/O. ABDUL KAREEM.M.B MANGALATH HOUSE, PALARIMANGALAM.P.O., PIDAVOOR, ERNAKULAM DISTRICT. 14 SREEJA.M.N AGED 23 YEARS, C/O.NARAYANAN.K.R, MANISSERIL HOUSE, POOZHIKOL P.O., MANNAR, KADUTHURUTHY, KOTTAYAM-686604 15 JYOTHI.K.U AGED 34 YEARS, C/O.SUMESH.V.K VELIYANNUR HOUSE, PANAMUKKU.P.O., NEDPUZHA, THRISSUR DISTRICT-680007 16 SONY.K.U AGED 33 YEARS, D/O. K.R UDAYABHANU, BHARGAVI NILAYAM, ELENJIMEL .P.O., CHENGANNUR, ALAPPUZHA DISTRICT. 17 REMYA.P.R AGED 31 YEARS, W/O.SUMESH.T.R, PULLUTHUNDIYIL HOUSE, EDAYAKUNNAM, WP(C) NO. 4256 OF 2017 3 2025:KER:25656 ERNAKULAM DISTRICT-682027 18 ARUN.P AGED 30 YEARS, S/O. ARAVINDAN.P. POOKKAT HOUSE, O.K.ROAD, THIRUVANNUR, CALICUT-29 19 MANU.C.V AGED 26 YEARS, S/O. VISHNU NAMBOODIRI, CHANDRAMANA ILLOM, KOTTAPPADY.P.O., THRIKKARIYOOR(VIA), ERNAKULAM DISTRICT 20 LAYA.M AGED 45 YEARS, W/O. GEO GEORGE, MARY VILLA, ARAKKAL HOUSE, NAYARAMBALAM.P.O., ERNAKULAM DISTRICT-682509 21 SMITHA.M.S AGED 36 YEARS, W/O. SIBI, KOTTAVATHUKKAL HOUSE, CONVENT BEACH, PALLIPPURAM P.O., ERNAKULAM DISTRICT 22 DIVYA.A.A AGED 32 YEARS, C/O.GIRISHKUMAR.N.V NEDIYEDATH HOUSE, THULASINAGAR, GURUVAYOOR-680101 23 ANJU.R.BABU AGED 33 YEARS, W/O. DR.MAHESH JAYAN, ONATTU HOUSE, T.V.PURAM P.O., VAIKOM KOTTAYAM DISTRICT. 24 VIJAYALAKSHMI.V.V AGED 26 YEARS, D/O. T.VIRUTHAN, G.C.D.A STAFF HOUSE NO.B-9 MAVELIPURAM, KAKKANAD.P.O., KOCHI-30 25 DEEPU GOPINATH.K.G AGED 35 YEARS, S/O. K.P. GOPINATHA PANICKER, KILLIKKATTU, KALAVOOR.P.O., ALAPPUZHA DISTRICT-688522 26 ARUN.S AGED 26 YEARS S/O. SIVANANDHAN, MANITHARAPUTHVAL PUTHIYAVILA, PATTOLI MARKET.P.O., KAYAMKULAM. WP(C) NO. 4256 OF 2017 4 2025:KER:25656 27 ARJUM SARMA.K.P AGED 25 YEARS, S/O. SARADA DEVI, KOMANNOOR ILLAM, KALAVAMKODAM .P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN-688524 28 AMBILI.K.S AGED 36 YEARS, W/O. RAMESH, ALANAMPARAMBIL HOUSE, PALLIPORT.P.O., MUNANMBAM,ERNAKULAM DISTRICT 29 BIJU.C.V AGED 41 YEARS, S/O. VELLAKKILY KUNJAPPAN, CHUNDAMKUZHI MURIYIL, OLIYAPPURAM POST, KUTHATTUKULAM, ERNAKULAM DISTRICT 30 JAYESH AGED 24 YEARS, S/O. JAYAN PILLAI D, JAYABHAVANAM, VENDAR.P.O., KOTTARAKKARA, KOLLAM DISTRICT BY ADVS. SRI.K.R.SAJITH SRI.JACKSON JOHNY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THRIRUVANANTHPURAM-695001 2 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY PATTOM, THIRUVANANTHAPURAM-695001 3 THE UNIVERSITY OF KERALA REPRESENTED BY ITS REGISTRAR, PALAYAM, THIRUVANANTHAPURAM-695034 4 THE MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSHINI HILLS, KOTTAYAM, KERALA-686560 5 THE KANNUR UNIVERSITY WP(C) NO. 4256 OF 2017 5 2025:KER:25656 REPRESENTED BY ITS REGISTRAR, KANNUR UNIVERSITY CAMPUS.P.O., KANNUR UNIVERSITY, PIN-670 567 6 THE CALICUT UNIVERSITY REPRESENTED BY ITS REGISTRAR, THENHIPALAM, MALAPPURAM-673635 7 THE COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGYCUSAT REPRESENTED BY ITS REGISTRAR, THRIKKAKKARA, SOUTH KALAMASSERY, KOCHI, KERALA-682022 8 THE THUNCHATH EZHUTHACHAN MALAYALAM UNIVERSITY REPRESENTED BY ITS REGISTRAR, TIPPU SULTHAN ROAD, PARAVANNA, VAKKAD,KERALA-676502 9 THE SREE SANKARACHARAYA UNIVERSITY OF SANSKRIT REPRESENTED BY ITS REGISTRAR, PB NO-14, NEAR M.C ROAD KALADY, KERALA-683574 10 KERALA AGRICULTURAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, KAU MAIN CAMPUS, KAU P.O., VELLANIKKARA, NH 47, THRISSUR, KERALA-680656 11 THE KERALA VETERINARY AND ANIMAL SCIENCE UNIVERSITY REPRESENTED BY ITS REGISTRAR, POOKODE, KERALA-673576 12 THE KERALA UNIVERSITY OF HEALTH SCIENCE REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE.P.O., THRISSUR, KERALA-680596 13 THE KERALA UNIVERSITY OF FISHERIES AND OCEAN STUDIES REPRESENTED BY ITS REGISTRAR, KANNADIKADU SERVICE ROAD, NEAR MADAVANA JUNCTION, PANANGAD, KOCHI KERALA-682506 14 THE A.P.J ABDUL KALAM TECHNOLOGICAL UNIVERSITY REPRESENTED BY ITS REGISTRAR, CET CAMPUS, AMBADY NAGAR, THIRUVANANTHAPURAM, KERALA -695016 15 THE NATIONAL UNIVERSITIES OF ADVANCED LEGAL STUDIES REPRESENTED BY ITS REGISTRAR, WP(C) NO. 4256 OF 2017 6 2025:KER:25656 NUALS CAMPUS, HMT COLONY P.O., KALAMASSERY KOCHI-683503 16 SREERAJ R AGED 31 YEARS S/O RAJAGOPALAN A, AREENILAYAM (P.O), AZHINHILAM MALAPPURAM 673632 IS IMPLEADED AS ADDL R 16 AS PER ORDER DATED 06/10/2017 IN IN IA NO 15441/2017 17 ABHILASH B AGED 34 YEARS NEDUTHODIYIL HOUSE,KUZHIYAMPARAMBU, KUZHIMANNA P.O, MALAPPURAM 673641 IS IMPLEADED AS ADDL R17 AS PER ORDER DATED 06-10-2017 IN IA NO.15441/2017 18 BAIJU P AGED 42 YEARS PINNANATH HOUSE, NADUVATTOM, NORTH BEYPORE 9P.O0, KOZHIKODE-673015 IS IMPLEADED AS ADDL R18 AS PER ORDER DATED 06/10/2017 IN IA NO- 15441/2017 19 BAIJU K AGED 42 YEARS SREEPADAM, KIZHPAYYUR (P.O), MEPPAYUR, KOZHIKODE-673524 IS IMPLEADED AS ADDL R19 AS PER ORDER DATED 06/10/2017 IN IA NO 15441/2017 20 CIJIN N AGED 31 YEARS AREEVALSAM, NEDIYAPARAMBATH, ERANJIKKAL (P.O), KOZHIKODE -673303 IS IMPLEADED AS ADDL R20 AS PER OREDER DATED 06/10/2017 IN IA NO 15441/2017 BY ADVS. SRI.P.SREEKUMAR,SC,KERALA UTY.HEALTH AND ALLIED SCIENCE SHRI.I.V.PRAMOD, SC, KANNUR UNIVERSITY SRI.ASOK M.CHERIAN SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY SRI.ELVIN PETER P.J. SRI.M.SASINDRAN, SC, KANNUR UNIVERSITY SRI.ARUN THOMAS SRI.JENNIS STEPHEN SMT.KARTHIKA MARIA WP(C) NO. 4256 OF 2017 7 2025:KER:25656 SMT.MARIA ROY SRI.SANTHOSH MATHEW SRI.MILLU DANDAPANI, SC, KUFOS SRI.GEORGE POONTHOTTAM, SC, MALAYALAM UNIVERSITY SRI.S.KRISHNAMOORTHY, SC, KTU SRI.ASOK M. CHERIAN, SC, M.G. UNIVERSITY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.VIJAY V. PAUL SMT.VEENA RAVEENDRAN SHRI.N.SATHEESH, SC, KERALA UNIVERSITY OF FISHERIES OF OCEAN STUDIES KUFOS SHRI.DINESH MATHEW J.MURICKEN, SC, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY MANU GOVIND THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4256 OF 2017 8 2025:KER:25656 MOHAMMED NIAS C.P., J ========================= W.P(C) No. 4256 of 2017 ========================= Dated this the 26th day of March, 2025 J U D G M E N T The above writ petition is filed with the following prayers; “ i) Issue a writ of mandamus directing the respondent Universities not to make any appointments except from the PSC rank list ASSISTANT (STATEWIDE) (Category No. 042/2016) and also in terms of recruitment rule. ii) Issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding respondents 3 to 15 to report all the existing and anticipated vacancies to the 2nd respondent within a time frame to be fixed by this Hon'ble Court. iii) Issue a writ of mandamus directing the respondent Universities to fill up the vacancies of Assistants only from the rank list published by the PSC with the advice of the PSC. iv) Direct the universities to implement the direction of 1st and 2nd respondents to report the vacancies to the KPSC and to make appointments from the PSC rank list and also as per the Recruitment Rules. v) Call for the records leading to the decision of the syndicate of the 5th respondent Kannur University resolved to WP(C) NO. 4256 OF 2017 9 2025:KER:25656 retain four percentage vacancies of assistants arose on 01.06.2016 to accommodate the by transfer appointees and quash the same by issuing Writ of Certiorari or any other appropriate writ. vi) Declare that the Kannur University Act does not provide any authority or power for appointment of low paid employees as assistants. Vii) Call for the records leading to the decision taken by the 10th respondent taken in 126th meeting and quash the same to the extent it relates to filling up of 50% of the posts in the cadre of Assistants. viii) To issue other order writ order or direction as this Hon'ble court may deem fit in the facts and circumstances of the case. ” 2. It is submitted by both sides that the ranked list in the instant case expired on 09.08.2019. This is recorded. In view of the above, nothing further remains to be considered in this writ petition, and the same is dismissed as infructuous. Sd/- MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 4256 OF 2017 10 2025:KER:25656 APPENDIX OF WP(C) 4256/2017 PETITIONER EXHIBITS : EXHIBIT P1 THE TRUE COPY OF THE ORDER NO.(MS)399/10/H.E.D DATED 18.12.2010 ISSUED BY THE GOVERNMENT OF KERALA EXHIBIT P2 THE TRUE COPY OF THE CIRCULAR NO.14079/ADVICE.C1/2014/P&ARD DATED 14.7.2014 EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 26.2.2016 PRESCRIBING METHOD OF APPOINTMENT AND QUALIFICATION FOR RECRUITMENT TO THE CADRES OF ASSISTANT AND COMPUTER ASSISTANT GRADE II UNDER THE UNIVERSITIES OF KERALA EXHIBIT P4 TRUE COPY OF THE NOTIFICATION ISSUED BY THE 2ND RESPONDENT FOR THE POST OF ASSISTANT NOTIFIED UNDER CATEGORY NO.42/2016 DATED 22.3.2016 EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE RANK LIST OF ASSISTANT FOR RECRUITMENT IN VARIOUS UNIVERSITIES IN KERALA PUBLISHED BY THE PSC EXHIBIT P6 THE TRUE COPY OF THE LETER NO.GRII C(2) 1985/16/GW DATED 6.9.2016 ISSUED BY THE 2ND RESPONDENT DIRECTING THE 5TH RESPONDENT UNIVERSITY TO REPORT ALL VACANCIES TO THE KPSC EXHIBIT P7 THE TRUE COPY OF THE LETTER NO.AD.A1/3660/2016 DATED 5.10.2016 OF THE 5TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P8 THE TRUE COPY OF THE EXTRACT OF THE RESOLUTION OF THE SYNDICATE OF THE KANNUR UNIVERSITY DATED 23.12.2016 EXHIBIT P9 A TRUE COPY OF THE LETTER NO.B2/576/2016 HEDN DATED 5.12.2016 OF THE 1ST RESPONDENT TO THE 6TH RESPONDENT EXHIBIT P10 A TRUE COPY OF THE REPLY LETTER DATED 13.10.2016 STATING THE DECISION TAKEN BY THE 10TH RESPONDENT IN THE 126TH MEETING TO WP(C) NO. 4256 OF 2017 11 2025:KER:25656 REPORT ONLY 50% POF VACANCIES TO THE KPSC EXHIBIT P11 THE TRUE COPY OF THE REPLY LETTER NO. NUALS/A2/808/16 DATED 24.10.2016 EXHIBIT P12 TRUE COPY OF THE REPORT PUBLISHED IN THE THOZHIL VARTHA DATED 28.1.2017 // True Copy // PA To Judge