Reservation In University Cannot Be Applied By Treating All Professors Of Different Subjects As One Cadre
Case: Dr Radhakrishna Pilla v. State of Kerala and Anr. With connected petitions
Coram: Justice Mr. Amit Rawal
Case No: WP(C). No. 4592 of 2018
Court Observation: “Once there is no scope of interchangeability of posts in different disciplines, each post in the particular discipline has to be treated as a single post. The notification inviting application tantamount to 100% reservation of posts in various disciplines, which are not interchangeable”
“There is no dispute to the proposition that reservation in respect of a post of a Professor and the provisions of the reservation provided in the rules (KSSR) would apply, but the same cannot be applied to take all Professor as a “Cadre”. In fact, it has to be made “Subject Wise” otherwise, it would create an anomalous situation by treating all Professors of different subjects as one cadre. It would take away the right of consideration/reasonable opportunity to meritorious candidates belonging to the general category for an appointment.”
“whether reservation in teaching posts in Universities is to be applied by treating the University as a unit or department/subject as a unit for different levels of teachers, ie. all posts of Professors, Assistant Professors or Associate Professors would be construed as a cadre or solitary post in a particular stream meant for either Professor, Assistant Professor or Associate Professor, which admittedly are not interchangeable”.
“Once there is no scope of interchangeability of posts in different disciplines, each post in the particular discipline has to be treated as a single post. The notification inviting application tantamount to 100% reservation of posts in various disciplines, which are not interchangeable” “…it is crystal clear that a single post cadre reservation at any point of time on account of rotation of roster would definitely bring a situation where such a single post in the cadre will be kept reserved exclusively for the members of backward classes, in total exclusion to the general members of the public, which is not the import of provisions of Article 16 (4) and (4A) of the Constitution of India.”
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