Judgment :- Petitioner belongs to Vanika Vaisya, a member of the other backward community. 2. University of Kerala had issued a notification No. Ad. H(i)/260/93 dated 16.11.199 3 inviting applications for various posts. One of the posts to which applications were invited was Reader in the Department of Law. Notification, Ext. P1, stated that the post of Reader in Law was reserved for a member of Ezhava Community. Notification stated that for reserved posts, candidates belonging to that community alone need apply. Petitioner who also belongs to either backward community had applied for the post of Reader in law. His application was, however, rejected by Ext. P2 communication, since he did not belong to Ezhava community. 3. It is learn no appointment was effected on the basis of the above mentioned notification. Later petitioner came across another notification No. ad.h.1/23/97 dated 8.8.1997 inviting applications for the post of Reader in the Department of Law. That notification also stated that the post was reserved for members of Ezhava community and they need only apply for the post. Petitioner then submitted Ext, P5 representation before the Vice Chancellor stating that the action of the University in reserving the post of Reader in Law to the members of Ezhava community alone is discriminatory and violative of the provisions of the Constitution of India. Petitioner contended that since he belongs to other backward community, his application should also be entertained. Since steps were taken by the respondents to proceed with the selection and appointment, petitioner approached this Court and filed this Writ Petition seeking a declaration that the stipulation made in the notification that the post is reserved for a particular community is illegal and void. Petitioner also seeks a direction to the University to apply rotation principle under R.14 to 17 of the K.S.& S.S.R. for direct recruits under the University. 4. A counter affidavit has been filed on behalf of the University stating that a decision was taken by the Syndicate on 5.8.1989 that if a post is reserved for a particular community, candidates belonging to that community need alone apply. According to the University since the Reader's post is reserved for the members of Ezhava Community only the members belonging to that community alone need apply. According to counsel there is no illegality in the action taken by the University, 5. According to the University since the Reader's post is reserved for the members of Ezhava Community only the members belonging to that community alone need apply. According to counsel there is no illegality in the action taken by the University, 5. Appointment to various teaching and non-teaching posts in the Kerala University is governed by provisions of the Kerala University Act, 1974, as well as Kerala University First Statutes, 1997, and the Kerala University First Ordinances, 1978. S.6(1) of the Act says that no person shall on grounds only of religion, race, caste, sex, descent, place of birth, residence, language, political opinion or any of them, be ineligible for, or discriminated against, in respect of any employment or office under the University or membership of any of the authorities or bodies of the University or admission to any degree or course of study in the University, S.6(2) is extracted below for easy reference: "In making appointment by direct recruitment to posts in any class or category in each department under the University, or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of R.14 and Rr.15,16 and 17 of the Kerala State and Subordinate Service Rules, 1958 as amended from time to time." Above mentioned statutory provision shows that no person shall on grounds of religion, race, caste, sex, descent, place of birth be discriminated against in respect of any employment or office under the University. In making appointment by direct recruitment to posts in any class or category in each department under the University, or to posts of non-teaching staff in the University, the University shall mutatis mutandis observe the provisions of clauses (a), (b) and (c) of R.14 and Rr.15 to 17 of KS & SSR, as amended from time to time. 6. Teachers of the University are dealt with in the Kerala University First Statutes. Statute 3 of Chapter 3 deals with appointment of teachers. The said provision is extracted below: "Appointment of Teachers:- Teachers of the University shall be appointed by the Syndicate after advertisement inviting applications. 6. Teachers of the University are dealt with in the Kerala University First Statutes. Statute 3 of Chapter 3 deals with appointment of teachers. The said provision is extracted below: "Appointment of Teachers:- Teachers of the University shall be appointed by the Syndicate after advertisement inviting applications. In making appointments by direct recruitment to posts in any class or category in each department under the University, the University shall observe the provisions of clauses (a), (b) & (c) of R.15,16 and 17 of the Kerala State and Subordinate Service Rules, 1958, as amended from time to time...." 7. Terms and conditions of service of the non-teaching staff of the Kerala University are dealt with in Chapter 4 of Part I of the First Statutes. It also says that subject to the provisions of the Act and the Statutes issued thereunder, the Kerala State and Subordinate Service Rules, 1958, and the Kerala Service Rules 1959, etc, would be applicable in the matter of all the service conditions of the University employees in the University service. In making appointment to the non-teaching posts by direct recruitment, the University shall observe the provisions of clauses (a) to (c) of R.14 and Rr.15 to 17 of the K.S.& S.S.R. as amended from time to time. 8. Rr.14 to 17 of the K.S.& S.S.R. are meant to ensure a fair representation in service to members of Scheduled Castes, Scheduled Tribes and Other Backward Classes. R.14(b) says that appointment of members belonging to SC, ST and OBC under merit quota will not affect their claim under reserved quota. R.14(c) says that appointment under the rule shall be made in the order of rotation in every cycle of 20 vacancies. It is also provided in R.15(a) that if a suitable candidate is not available for selection from any particular community or group of communities, 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 order of rotation. However, in the case of Scheduled Castes and Scheduled Tribes special recruitment could be made under R.17A of the KS & SSR. There is no such provision in the University Act or in the KS & SSR for special recruitment for members of Other Backward Classes. 9. However, in the case of Scheduled Castes and Scheduled Tribes special recruitment could be made under R.17A of the KS & SSR. There is no such provision in the University Act or in the KS & SSR for special recruitment for members of Other Backward Classes. 9. University, however, in its meeting held on 5.9.1989 decided that while advertising the teaching/non¬teaching posts reserved for various communities/ castes candidates belonging to the particular reserved caste/community alone need be allowed to apply for the same. In view of the said Syndicate decision, notification carried a stipulation that as the post is reserved for particular community, candidates belonging to that community alone need apply. Exts. P1 and P3 are the notifications issued in the light of the above mentioned Syndicate decision. 10. In the instant case we have to decide as to whether those notifications issued in pursuance to the decision of the Syndicate dated 5.9.1989 have got any legal basis. 11. Art.15 of the Constitution of India states that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. However, nothing in the said article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Art.16 of the Constitution states that there shall bee quality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of any employment or office under the State. However, nothing in the said Article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. Nothing in the said Article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services of the State. 12. Nothing in the said Article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services of the State. 12. S.6 of the Kerala University Act has got genesis in Art.16 of the Constitution of India. S.6(2) states that in making appointment by direct recruitment to posts in any class or category in each department in the University, the University has to follow the provisions of Clause (a) to (c) of R. Hand Rr.15 to IV of the KS & ssr. In the matter of appointment of teachers also Statute 3 of Chapter 3 of the Kerala University First Statutes also obliges the University to apply the provisions of Rr.14 to 17 of the KS & SSR. There is no special provision incorporated in the KS & SSR or in the University Act to make special provision for reservation to a particular community other than to members of SC & ST. In the case of appointment in the University, they are bound to follow the rotation principle. If the notifications Ext. P1 and P3 are given effect to, the right to apply for various posts by members of other communities will be completely taken away. Consequently, the University will not be able to apply Rr.14 to 17 of the KS & SSR. It may be noted that if a suitable candidate is not available for selection from among particular community, the said community shall be passed over and the post shall be filled up by a suitable candidate from the community immediately next to the passed over community. The benefit of the turn forfeited shall be restored at the earliest opportunity if a suitable candidate from that community is available. 13. In the instant case, going by Ext. P1 notification, Reader's posts in the Department of History, Department of Law, Department of Psychology, Department of Russian, Department of Sociology, etc. are all reserved for members of Ezhava community alone. So also the post of Professor in the Department of Library and Information Science, in the Department of Malayalam. 13. In the instant case, going by Ext. P1 notification, Reader's posts in the Department of History, Department of Law, Department of Psychology, Department of Russian, Department of Sociology, etc. are all reserved for members of Ezhava community alone. So also the post of Professor in the Department of Library and Information Science, in the Department of Malayalam. Post of Lecturer in the Department of Economics, Department of History, Department of Computer Science, Department of English, Department of Library and Information Science, Department of Zoology, are reserved for members of SC & ST. Reservation made for members of SC & ST could be sustained under S.17A of the KS & SSR. But no such special provision is there for exclusive reservation for members of OBC. 14. The decision of the University not to permit members of other backward communities to apply for various posts of Readers as well as other posts and by exclusively reserving them for members of Ezhava Community alone is unconstitutional, and violative of S.6(2) of the Kerala University Act and Statute 3 of Chapter 3 of the Kerala University First Statutes. 15. In the instant case, since the post of Reader is exclusively reserved for members of Ezhava Community, petitioner, who also belongs to other backward community, is disabled from even submitting his application. The action of the University is illegal. I am of the view that the decision of the Syndicate referred to in Ext. R2(a) resolution that while advertising the teaching/non-teaching posts reserved for various communities/ castes, candidates belonging to the particular reserved caste/ community alone need be allowed to apply for the same cannot stand in the eye of law. Members of all communities are entitled to apply. But University can apply the principle of rotation of reservation, so as to effect appointment to various reserved communities. University cannot completely take away the right to submit applications by members of other communities. 16. In view of the above mentioned circumstances, I am of the view that Ext. R2(a) decision of the Syndicate cannot stand in the eye of law. Accordingly the same is quashed. Consequently, Exts. P1 and P3 notification will also stand quashed. If any appointment has already been effected on the basis of Exts. P1 and P3, the same would not be affected by this judgment. However, no fresh appointment be made on the basis of Ext. R2(a) and Exts. Accordingly the same is quashed. Consequently, Exts. P1 and P3 notification will also stand quashed. If any appointment has already been effected on the basis of Exts. P1 and P3, the same would not be affected by this judgment. However, no fresh appointment be made on the basis of Ext. R2(a) and Exts. P1 andP3 notification reserving seats to a particular community, except for the members of SC & ST. University may invite fresh applications strictly in conformity with S.6(2) of the Kerala University Act read with Statute 3 of Chapter 3 of the Kerala University First Statutes and Rr. 14 to 17 of the KS & SSR. O.P. is allowed as above.