The judgment was delivered on an appeal moved by Dr. Abdul Haleem PP against the decision of a single-judge that had dismissed his petition challenging the appointment of the 5th respondent to the post of Associate Processor in Information Technology at Kannur University in Kerala.
The petitioner contended that the application of the fifth respondent could not have been entertained as he is a non-domicile hailing from Karnataka and the principle of reservations envisaged under the provisions Kerala State and Subordinate Service Rules will not permit reservation in favour of non-domicile candidates.
The University filed a counter-affidavit stating that as per the 2018 UGC Regulation, direct recruitment for the post of Associate Professor shall be on the basis of merit through an all-India test and that there was no bar for a Muslim candidate from any State in India to participate in the selection process.
The University and the fifth respondent contended that the latter, though a native of the State of Karnataka, belongs to the Muslim community that is notified as a backward class in Kerala as well as in Karnataka.
Source: Barandbench
