Calicut University told to cancel recruitments

HC order on vacancies after Sept 29, 2015 when PSC began to recruit

The Kerala High Court has directed Calicut University to cancel appointments made to the vacancies of assistants that arose after September 29, 2015 when the law entrusting the selection and recruitment of employees of universities with the Public Service Commission (PSC) came into force.

The court, while disposing of a batch of writ petitions filed by Maya Panicker and other candidates, declared that the university was not entitled to make any appointment in such vacancies which arose after September 29, 2015.

The court, however, declared legal all the appointments based on Non-Joining Duty (NJD) claims in vacancies which arose prior to September 29, 2015 and before the expiry of the university rank list.

‘Report in two weeks’

The court also directed the university to report vacancies available after September 29, 2015 to the PSC in two weeks and asked the PSC to advise such candidates in accordance with the vacancies reported.

There were two types of petitioners: one those included in the rank list prepared by the university prior to leaving the recruitment to the PSC under the Kerala Public Service Commission (Additional Functions as Respects the Services under the Universities) Act of 2015 and another set of petitioners included in the PSC rank list.

‘Power abrogated’

The court observed that the power of the university for selection and recruitments was abrogated as on September 29,2015. Merely because the recruitment process had begun prior to the enactment of the law, the university could not have assumed power to recruit candidates unless it was included in the Act. However, the court did not disturb the appointments made prior to September 29, 2015 in view of a Division Bench’s ruling that the Act would only operate prospectively.