KOCHI: The Kerala High Court on Tuesday held unwarranted the recommendation of the Upa Lokayukta to cancel the rank list/appointments of Assistant Grade II in the Kerala University and conduct fresh selection to the posts.
The court said the appointments were treated as regular and the appointees would be entitled to all service benefits based on their respective dates of appointment.
“Non constitution of the selection board before commencement of the decision to conduct selection by the whole syndicate, missing OMR answer scripts, absence of minutes as to fixing of norms for awarding marks in interview, awarding marks without determining the norms can only be irregularities in the process of selection, for which action can be taken against those who are guilty of lack of integrity,” court said. The court said infirmities found in the selection process call for measures of rectification.
“No further appointment need be made from the rank list at this distance of time. Hence, the petitioners, who are included in the rank list, cannot have any claim for appointment from the select list,” said the court.
The court issued the order while disposing of 25 petitions in connection with the Assistant Grade II selection.
The prosecution argued that the accused while abusing their position as members of the interview board decided to scale down the written test marks to 75 from 100 and 25 marks for interview with an oblique aim of awarding high marks to their own men who secured low marks in the tests.
It said a former SFI worker got selection because of the corrupt practice by the accused. The court said action was permissible against the then Vice Chancellor, Pro-Vice Chancellor and members of the Syndicate, to the extent of lack of integrity, irresponsibility and irregularities in the selection process.
The court also set aside the report of the high power committee on December 10, 2010 and the Upa Lok Ayukta report on December 29, 2011. The court directed the universities to grant the appointed candidates all benefits from the respective date/order of appointment