IMPORTANT POINTS
Ordinarily, the Full Bench is expected to decide only those issues which are referred to it by the Division Bench and must eschew from examining merits of the case as such. However, if the reference is in omnibus terms, Full Bench would be in its rights to examine all aspects on merit and decide the case.
First Ranked List (RL-I) ceased to operate in law, with effect from 1.6.2016.
KPSC cannot advise any candidate after expiry of a Ranked List, even to an NJD vacancy, if such vacancies are reported after the expiry of the list in question.

JUDGMENT

A.M. Khanwilkar, J.

Leave granted.

2. This batch of appeals, by special leave, are against the final judgment and order dated 21.2.2019 passed by the Full Bench of the High Court of Kerala at Ernakulam (for short, "the High Court") in O.P. (KAT) Nos. 256/2017, 330/2017 and 408/2017 pursuant to a Reference Order by the Division Bench, bearing the same case numbers, passed on 16.11.2018.

3. In a nutshell, the appellants have preferred these appeals to be advised (or appointed) against 93 Non-Joining Duty (for short, "NJD") vacancies reported to the Kerala Public Service Commission (for short, "the KPSC") on 12.7.2016 relating to the post of Sub Inspector of Police (Trainee). Respondents declined that demand on the ground that the Ranked List dated 11.9.2013 [for short "first Ranked List (RL-I)"] (wherein the appellant(s) have been empanelled), had expired before the stated vacancies came to be reported. This Court vide order dated 24.9.2019, called upon the respondents to explore the possibility of issuing advice for 31 left out candidates (appellants and similarly placed persons) against the 34 NJD vacancies still available. However, vide notification dated 18.11.2019, the State of Kerala (respondent No. 1) declined to do so due to administrative and legal reasons, cementing their stand that the first Ranked List (RL-I) had already expired before the vacancies were reported.

Factual Background

4. Pursuant to a gazette notification issued on 28.9.2007, applications were invited for appointment to the abovementioned posts, allocated into three different categories (namely, Category 315/2007 for open quota, Category 316/2007 for ministerial quota and Category 317/2007 for constabulary quota). The KPSC having received large number (around 42,000) of applications than anticipated, decided to conduct a preliminary objective test. That test was carried out to prune the list of eligible candidates, for which 49 marks were specified as cut-off marks. On the basis of that test, a list was prepared. However, the KPSC then realised that the said list did not have enough candidates from reserved categories and thus, it decided to reduce the cut-off marks for reserved categories upto 32 marks; and to draw up a fresh list to include all qualified candidates. After completing the selection process as mentioned in the notification, on 11.09.2013 the KPSC published the first Ranked List (RL-I). On 4.11.2013, the KPSC issued advice on the basis of the first Ranked List (RL-I) against 9 fresh vacancies (for short, "first advice") which included the vacancies occurred from the date of the notification till 17.10.2013.

5. The aggrieved candidates approached the Kerala Administrative Tribunal (for short, "the Tribunal"), by way of O.A. 2395 of 2013 and other such applications against the decision of the KPSC to have a unified/consolidated ranked list and for not having two lists; a main and a supplementary list (which would include candidates from reserved category). They prayed for interim relief(s), which read thus: -

"This Hon'ble Tribunal may be pleased to direct the 3rd respondent not to advice any candidates who secured less than 49 marks in the preliminary examination, from Annexure A6 rank list against the vacancies available for open competition candidates, pending disposal of the Original Application."

While admitting the O.A. on 5.12.2013 [after 85 days from the publication of the first Ranked List (RL-I)], the Tribunal granted interim relief as prayed and observed thus:-

".........if any candidate who secured less than 49 marks in the preliminary examination has been advised against open competition turn, his advice and appointment shall be subject to further orders in this Original Application and such candidates shall be alerted about this order by the third respondent........."

The KPSC, during the pendency of proceedings issued a