The information received under the RTI Act must be relevant and in material form to establish the existence of vacancies, and the principle of estoppel cannot be applied based on incomplete or irrelevant information.

A.M. SHAFFIQUE, J.

1. These appeals are filed against common judgment dated 18/3/2015 in a batch of writ petitions. By the aforesaid judgment, the learned Single Judge directed the Kerala Public Service Commission (for short KPSC) to advise 394 vacancies reported by the Kerala State Electricity Board (for short KSEB) based on interim orders passed by the Court, taking into account the ranking positions of the respective candidates and observing the rules of reservation and communal rotation. The appeals have been filed by the KSEB and its officers as well as third parties seeking leave of this Court.

2. Facts of the case as disclosed in WP(C) No.29942/13 against which WA No.1606/2015 has been filed are:-

Petitioner claimed that he is included as rank No.5 in the supplementary list for Viswakarma community in the ranked list published by the KPSC for the post of Assistant Engineer (Electrical) in the KSEB. The rank list was to expire on 15/12/2013. According to the petitioner, large number of vacancies were available in the KSEB with reference to the aforesaid post. However, only very few candidates have so far been advised and appointed from the ranked list. Petitioner in paragraph 5 of the writ petition refers to the number of vacancies available in each circle of KSEB and therefore according to the petitioner, 585 vacancies were available to be reported. It is alleged that large number of persons are employed on contract basis in various sub stations of the KSEB and despite such vacancies being available, no action is being taken to report those vacancies to KPSC. It is also contended that by virtue of Ext.P30, 92 Assistant Engineers (Electrical) were promoted to the category of Assistant Executive Engineer as per Board order dated 4/8/2012 and the said vacancies are required to be filled up in public interest. It is alleged that since the Board has not taken any steps to report such vacancies, the petitioner had approached this Court seeking for a direction to the KSEB and the Chief Engineer (HRM) to report all the existing vacancies before the expiry of the ranked list including all anticipated vacancies and for a direction to KPSC to forthwith advise such candidates. In fact, the petitioner relied upon the information received from various circle offices under the Right to Information Act (hereinafter referred as the RTI Act) to contend that there were 585 vacancies in different transmission circles of the Board during the relevant time.

3. Counter affidavit has been filed on behalf of the 2nd respondent inter alia stating that the post of Assistant Engineer is filled up in the ratio 1:4:3:2 between appointment by transfer from among Board employees having B. Tech Degree, appointment by direct recruitment through KPSC from open market, appointment by promotion from among Diploma holding Sub Engineers and appointment by promotion from among ITI Certificate holding Sub Engineers. It is therefore stated that out of the total cadre strength in the post of Assistant Engineer (Electrical), only 40% is set apart for direct recruitment through KPSC. At present, the sanctioned strength of Assistant Engineer (Electrical) of KSEB is 2265 out of which the 40% quota would be 906. It is stated that 550 appointments were made from the existing rank list of Assistant Engineer through KPSC. It is also stated that all the vacancies which had arisen in the 40% quota had already been reported and upon advice, they were given appointment by the Board. It is also stated that if any vacancy of Assistant Engineer under the 40% quota arises during the currency of the ranked list, the same will be reported to KPSC. Details of the sanctioned strength, the quota available for direct recruitment and other particulars have also been given. It is stated that though by virtue of interim orders issued by this Court, the 2nd respondent has reported 180 vacancies provisionally on condition that KPSC shall not advise those candidates, it is stated tha