- In Dr. Abdul Haleem PP v. State of Kerala & Ors. (2022), Justices A.K Jayasankaran Nambiar and Mohammed Nias CP observed that the University Grants Commission (UGC), which specifies qualifications for various posts in universities in a State under Article 16 (4) of the Constitution of India, does not affect the State Government's right to provide reservations for backward classes. Furthermore, the Hon'ble Court held that the reservations would not pertain to other states because reservation in appointments to public services in a state is dependent on data related to the representation of specific classes within that State.
- In this case, a plea that was filed challenging the Associate Processor post in IT at Kannur University given to Muhammed Ismail was dismissed by a Single Judge by stating that no exclusion of non-Keralites was provided in the notification under Regulation 3.1 of the UGC. Aggrieved by the same, the case was moved to the Division Bench. It was contended by the appellant that the principle of reservations envisaged under the Kerala State and Subordinate Service Rules will not permit reservation in favour of the application filed by Ismail as he is a non-domicile candidate coming from Karnataka.
- Article 16 (4) of the Indian constitution allows for the reservation of state services favoring the underprivileged class of people.
- According to UGC Regulation 3.1, direct recruitment to the posts of Associate Professors in Universities shall be based on merit through all India advertisements and selections by duly constituted Selection Committees in accordance with the provisions made under these Regulations to be assimilated under the Statutes of the concerned University. The composition of such committees should follow the guidelines established by the UGC in these Regulations.
- In a related case, Raj Kumar Meena v. Rankaswami and Others [WA. No. 414 of 2017], it was stated that a candidate who has been certified as belonging to SC/ST/OBC in one State cannot claim benefits or privileges in another state based on the same certification.
- It was contended by the appellant that Ismail's candidature was not maintainable as he was not eligible under the OBC reservation by the Kerala State since he was not a native of Kerala. In contrast, the University contended that recruitment for the Associate Professor post shall be based on merit through an all- India test without a bar for a Muslim candidate from any State in India to participate in the selection process according to the 2018 UGC Regulations. Furthermore, it was contended by the respondents that Ismail belongs to the Muslim Community and is a part of the backward class in Kerala and Karnataka.
- After hearing both the parties and referring to the aforementioned case and statutes, the Hon'ble Court held that a state's reservation policy does not need to be changed to comply with the UGC Regulation and that Ismail did not have the right to lodge his claim in a reserved seat based on the certificate granted by the State of Karnataka. Therefore, the Hon'ble Court disregarded the selection of Ismail and ordered the University to appoint the petitioner who was the second rank holder for the said post.
- Hence, the appeal was allowed by the Hon'ble Court.
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