Judgment :- Sreedharan, J. Cochin University of Science and Technology represented by its Registrar is the appellant. Appellant was the first respondent in O.P. 372/95. Petitioner in the Original Petition approached this court inter alia praying for a declaration that the post of Lecturer in Commerce under the first respondent is liable to be filled up by appointing a candidate belonging to Muslim community per Rules 14 to 17 of the Kerala State and Subordinate Service Rules and to issue a writ of mandamus directing the respondent to make appointment to the post of Lecturer in Commerce from the select list dated 4.5.1993 in accordance with Rule 15(c) of the Kerala State and Subordinate Service Rules. Learned single judge by judgment dated 18.10.1995 allowed the Original Petition and declared that the petitioner is entitled to be appointed against the vacancy of Lecturer in Commerce. That decision is under challenge. 2. The short facts necessary for the disposal of the Writ Appeal are as follows:-For filling up one vacancy of Lecturer in Commerce, Cochin, University prepared a select list containing the names of six candidates. Petitioner was ranked 6th. The post was to be filled up depending on the principles contained in Rules 14 to 17 of the Kerala State and Subordinate Service Rules. As per the rotation register maintained by the University, the post in question was due to be allotted to Latin Catholic/ Anglo Indian Community. But the compensation register shows that the Latin Catholic/Anglo Indian Community got extra benefits from Ezhavas, Thiyyas and Billavas; so the place has to go to that group. It so happened that Ezhavas, Thiyyas and Billavas had on earlier occasions derived extra benefits from Muslim community for want of qualified candidates belonging to Muslim community. Under such circumstance, petitioner, candidate belonging to Muslim community approached this court for getting the post filled up by a qualified candidate from among Muslims. 3. First respondent University admitted that principles contained in rules 14 to 17 of the General rules are applicable for appointment to the post under the University. On earlier occasions at four times Ezhava community derived extra benefits for want of Muslim candidates. The present post, according to rotation is to go to Latin Catholic community at the first instance. 3. First respondent University admitted that principles contained in rules 14 to 17 of the General rules are applicable for appointment to the post under the University. On earlier occasions at four times Ezhava community derived extra benefits for want of Muslim candidates. The present post, according to rotation is to go to Latin Catholic community at the first instance. Since candidates belonging to Latin Catholic community got the benefits from Ezhavas, Thiyyas and Billavas, the turn due to Latin Catholic community must go to Ezhavas, Thiyyas and Billavas. According to the University, the compensation was being adjusted between the two communities only against original turns. If the selection to the present post is made on that basis, the vacancy must go to Exhavas, Thiyyas and Billavas and not to a candidate belonging to Muslim community. 4. Relevant provision that applies to the facts of this case is contained in Rule 15 of the General Rules. For a proper understanding of that provision, we read the same (without the provision) "15(a) The integrated cycle combining the rotation in clause (c) of Rule 14 and the sub-rotation in sub rule (2) of Rule 17 shall be as specified in the Annexure to this part. If a suitable candidate is not available for selection from any particular community or group of communities specified in Annexure, the said community or group shall be passed over and the post shall be filled up by a suitable candidate from the community or group of communities immediately next to the passed over community or group in the said Annexure in the order of rotation. If no suitable candidate is available for selection in any of the above communities or group of communities, selection shall be made from open competition candidates. (b) If a suitable candidate is not available for selection from the group of communities classified as 'scheduled Castes' in the turn allotted for such a group in the Annexure the said group shall be passed over and the post shall be filled up by a suitable candidate from the group of communities classified as "Scheduled Tribes" and vice versa. (b) If a suitable candidate is not available for selection from the group of communities classified as 'scheduled Castes' in the turn allotted for such a group in the Annexure the said group shall be passed over and the post shall be filled up by a suitable candidate from the group of communities classified as "Scheduled Tribes" and vice versa. If no suitable candidate is available for selection in any of the two groups classified as "Scheduled Castes or Scheduled Tribes" selection shall be made from among the communities immediately next to the group of communities entitled to be appointed according to the turn allotted in the Annexure in the order of rotation. If no suitable candidate is available for selection in any of the communities or group of communities selection shall be made from open competition candidates. (c) The benefit of the turn forfeited to a particular community or to a group of community by reason of it being passed over under sub rules (a) and (b) shall be restored to it, at the earliest possible opportunity, if a suitable candidate from that particular community or group is available for selection by taking adjustment against the claims of the particular community or group that derived the extra benefit by reason of such passing over." Rule 17 gives the grouping of other backward classes for the purpose of working out the turn to different communities. As per that, first turn is of Ezhavas, They Billavas; second is of Muslims and third is of Latin Catholics and Anglo India the admitted case that candidates belonging to Latin Catholics and Anglo Community got undue benefits on account of the absence of qualified candidates belonging to Ezhavas, Thiyyas and Billavas. It is also the admitted case that candidates belonging to Ezhavas, Thiyyas and Billavas got four posts on account of the absence of candidates belonging to Muslim community. It is the case of the University that the present turn is of latin Catholics and Anglo Indians, to get the post. Since that community got undue benefits on account of the absence of candidates belonging to other communities, the post must go to the next turn namely Ezhava, Thiyyas and Billavas. The fact that Ezhavas, Thiyyas and Billavas got four posts on earlier occasions on account of the absence of candidates belonging to Muslim community is, according to the University, to be ignored. The fact that Ezhavas, Thiyyas and Billavas got four posts on earlier occasions on account of the absence of candidates belonging to Muslim community is, according to the University, to be ignored. Adjustment is, according to the University, to be made between two communities immediately situated in the original turn. In other words, the stand taken by the University is that the turn of the Latin Catholic/Anglo Indian community must go to Ezhavas, Thiyyas and Billavas and not to Muslims, even though Ezhavas, Thiyyas and Billavas secured benefits on three occasions on account of the absence of the qualified candidates belonging to Muslim community. This, according to the learned Single Judge is not the provision contained in Rule 15(c) quoted above. We are also of the opinion that the learned Single Judge has rightly taken the said view. At a particular point of time, if a suitable candidate is not available from a community as per the turn fixed by rules, that community should not lose that vacancy forever. At the earliest opportunity that community must get back the benefit from (hose communities which secured the extra benefit. In other words, the extra benefit that has been obtained by one community has to be surrendered to the community which lost the same at the earliest opportunity. It is very clear from the wording of Rule 15(c) when it states that the benefit of the turn forfeited to a particular community or to a group of community shall be restored to it, namely the community or group of community, at the earliest possible opportunity. It is seen that on previous occasions, the Muslim community forfeited their turn in favour of Latin Catholic/Anglo Indian and Ezhavas. That loss must be made good at the earliest possible opportunity. In the instant case, when it is admitted' that candidates belonging to Ezhava community got additional benefit on account of the absence of qualified candidates belonging to Muslim community, the benefit that falls to Ezhava community on account of the absence of candidates in the Latin Catholic or Anglo Indian community must be passed on to the candidates belonging to the Muslim community. Viewed in this light, we have no hesitation in holding that the petitioner who belongs to the Muslim community and who is qualified to hold the post is to get the same in preference to the claims of candidates belonging to other communities which got additional benefits of reservation an previous occasion. We find no ground to interfere with the view taken by the leaned Single Judge. The Writ Appeal fails and it is accordingly dismissed.