The Kerala High Court on Tuesday set aside the recommendations of the Upa Lok Ayukta to cancel the final rank list prepared in 2007 for the posts of Assistant (UA) Grade-II in the University of Kerala, appointments made to the posts from the rank list, and conduct a fresh selection to the posts.
The court while disposing of a clutch of writ petitions challenging the order of the Upa Lok Ayukta said that the recommendations of the Upa Lok Ayukta were unwarranted.
The court also ordered that the appointments made from the rank list be treated as regular and that the appointees would be entitled to all service benefits based on their respective date of appointment.
The court observed that non-constitution of a selection board before commencement of the selection by the Syndicate, missing of OMR answer scripts, absence of minutes as to the fixing of norms for awarding marks in the interview or awarding of marks without determining the norms could only be irregularities in the process of selection, for which action could be taken against those who were guilty of lack of integrity.
Rectification measures
In fact, the infirmities found in the selection process called for measures for rectification and not cancellation or fresh selection.
The court added that action was permissible against the then Vice Chancellor, Pro Vice Chancellor, and members on the Syndicate for lack of integrity on account of their irresponsibility and for irregularities in the process of selection.
The court also said it was necessary that appropriate action be taken against officials of the university for the casual, careless, and irresponsible approach in conducting the examination. It was for the competent authority to decide the course of action to be taken against them.
The High Court had earlier quashed the case filed under the the Prevention of Corruption Act against former Vice Chancellor M.K. Ramachandran Nair, former Pro Vice Chancellor V. Jayaprakash, former Syndicate members B.S. Rajeev, A.A. Rasheed, K.A. Andrews, N.V. Russel, and former registrar K.A. Hashim. The court said the allegations raised in the complaint could be termed as irregularities in the conduct of the selection.
Irregularities need not be on account of corrupt practices. Besides, there was no case that the then VC and others had abused their official position for their personal gain or to favour anybody.
The Upa Lok Ayuka made the recommendations on the basis of a report submitted by a committee headed by a former district judge, who submitted a report in 2010.
The committee had found manipulation and irregularities in the selection in order to pick and choose candidates on the basis of political consideration and their association with top officials of the university.
The Upa Lok Ayukta had also recommended initiation of proceedings against the then VC, Pro VC, and four Syndicate members.
