The autonomy of the KPSC in recruitment processes is upheld, but it must consider the Government's binding recommendations regarding vacancies, ensuring fair and transparent public employment.

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. The present appeals arise from a judgment of the Division Bench of the High Court of Kerala dated 14.02.2024 in OP(KAT) No. 298 of 2023 and in OP(KAT) No. 311 of 2023, upholding the decision of the Kerala Administrative Tribunal¹ [In short “KAT”] in O.A. Nos. 893/2023 and 878/2023. The matter pertains to the recruitment process conducted by Kerala Public Service Commission² [In short “KPSC”] for the post of Junior Health Inspector Grade-II in the Municipal Common Service across various districts of Kerala. The dispute arose due to KPSC's refusal to expand the rank lists for the said post, despite several vacancies remaining unfilled owing to peculiar circumstances surrounding the selection process.

3. The recruitment process commenced with KPSC issuing two separate gazette notifications. The first notification, dated 26.12.2014, was published under Category No. 571/2014, inviting applications for the post of Junior Health Inspector Grade-II in the Municipal Common Service for nine districts of Kerala. Subsequently, on 29.05.2015, KPSC issued another notification under Category No. 137/2015, inviting applications for the same post in five additional districts. Both notifications outlined the eligibility criteria and detailed the selection process, which included a common written test and an interview. Following the completion of these processes, KPSC published the rank lists for the notified districts. The rank list under Category No. 137/2015 was issued on 12.02.2020 (Rank List No. 80/2020/SSV II) for some districts and on 19.02.2020 (Rank List No. 96/2020/SSV II) for the remaining districts. The appellants herein were included in these rank lists.

4. The appellants, along with similarly situated candidates, approached the KAT by filing O.A. No. 803/2019 and O.A. No. 178/2019, seeking directions to KPSC to expand the shortlist published for the post of Junior Health Inspector Grade-II in the Malappuram district (Category No. 137/2015). The appellants contended that the number of candidates included in the main list was limited to 81, owing to the unscientific criteria adopted by KPSC in the selection process. They argued that the preparation of separate rank lists for different districts under distinct notifications led to overlapping candidates being included in multiple lists. This resulted in the premature exhaustion of the rank lists due to non- joining of duty, relinquishment of claims, or candidates opting for postings in other preferred districts. Consequently, several vacancies remained unfilled.

5. The KAT, considering the extraordinary circumstances arising from the selection process and the subsequent exhaustion of the rank lists, disposed of the original applications through a common final order dated 28.11.2022. The Tribunal directed the State Government to decide on the expansion of the rank lists, taking into account the observations made in its order. The State was instructed to place its decision before KPSC within three months, along with appropriate recommendations. KPSC was directed to take further action within two months thereafter. Furthermore, the concerned respondents were directed to provisionally report 50 vacancies from each district to KPSC within two weeks of the order. The interim order restraining KPSC from advising the last candidate under the open competition quota in the ranked list was also extended until compliance with the Tribunal’s directives.

6. In compliance with the Tribunal's directions, the appellants and other affected candidates were heard by the Secretary, Personnel and Administration Reforms Department of the Government on 25.01.2023. After considering the matter, the Government decided to recommend the expansion of the rank lists to fill the pending vacancies. Accordingly, a recommendation dated 15.03.2023 was submitted to KPSC for necessary action. However, KPSC, by its letter dated 04.04.2023, rejected the Government's recommendation,