Governor P. Sathasivam has upheld a resolution of the Mahatma Gandhi University Syndicate rejecting a decision taken on November 11, 2012, by the then Vice Chancellor to extend the rank list for Assistant Grade II post.
The Governor, who is the Chancellor of the universities, issued an order on April 4 stating that the Vice Chancellor’s action [extending the rank list] was highly improper and hence rightly rejected by the syndicate.
Mr. Sathasivam’s decision comes as a follow-up of the hearing held at the Raj Bhavan on March 27 in connection with the controversies and court room battles related to the appointment of Assistants in Mahatma Gandhi University. A Division Bench of the Kerala High Court had issued an order (dated February 19) requesting him to have a comprehensive look in the relevant matters [related to the Assistant Grade issue].
The validity of the rank list had expired on November 11, 2011, and it was extended by a year based on a syndicate decision. The then Vice Chancellor extended it further from November 11, 2012, exercising his powers under section 10 (17) of the Mahatma Gandhi University Act.
In his order, the Chancellor referred to the case of State of Orissa Vs. Raj Kishore Nanda stating that a select list cannot be treated as a reservoir for the purpose of appointments that vacancies can be filled up from that list as and when required.
Mr. Sathasivam also recalled a decision by the Division Bench of the Kerala High Court in Kerala Agricultural University Vs. Gopinathan Unnithan case holding that candidates ranked in the select list cannot be appointed to vacancies that arose subsequently and not covered by the notification [issued by the varsity]. He also pointed out that it is difficult to accept the action of the Vice Chancellor as exercise of his powers can be done sparingly and only when the proposal will not brook the delay till the syndicate meets.
Mr. Sathasivam’s decision comes as a follow-up of the hearing held at the Raj Bhavan.
