Point of Law : Recruitment over and above notified vacancies is not in accordance with constitutional mandate of equal opportunity of unemployment, envisaged in Articles 14 and 16 of Constitution of India.

JUDGMENT :

Alexander Thomas, J.

These Original Petitions are directed against the impugned common order rendered on 22.03.2022 in O.A. (Ekm) Nos.954 of 2020 and 1732 of 2018 on the file of the Kerala Administrative Tribunal, Ernakulam Bench.

2. The sole petitioner in the first O.P. is the applicant no.2 in that O.A. and the sole petitioner in the latter O.P. is the applicant no.2 in the corresponding O.A.

3. Heard Sri. Kaleeswaram Raj, learned counsel instructed by Smt. Aparna Menon, learned counsel appearing for the petitioners in these cases, Sri. B. Unnikrishna Kaimal, learned Senior Government Pleader appearing for the official respondents in these cases and Sri. P.C. Sasidharan, learned Standing Counsel appearing for the respondent Public Service Commission.

4. The petitioners herein are candidates included in the rank list for the post of High School Assistant (Hindi) in the Education Department, Palakkad District (Category No.662/2012), which was finalised by the respondent PSC on 12.07.2017 and expired on 11.07.2020, after running the maximum three year validity period. The main pleas in these O.As. are for directions to ensure the reporting of all existing substantive vacancies in the post of HSA in the Education Department, Palakkad District, before the expiry of the rank list so that advise and appointments can be made from the rank list dated 12.07.2017. It is the specific case of the petitioners that before the expiry of the rank list on 11.7.2020, the Tribunal had issued two interim orders directing the Deputy Director of Education concerned, Palakkad, to report if it is provisionally altogether 26 vacancies in the post of HSA (Hindi), Palakkad District, so as to reach the office of the respondent PSC well before the expiry of the rank list on 11.07.2020. It appears to be a common ground that the appointing authority has provisionally reported altogether 26 vacancies, HSA, which had reached the office of the PSC before the expiry of the rank list on 11.7.2020. The main pleas put up by the petitioners herein both before the Tribunal as well as before this Court are that altogether 19 vacancies were available, before the expiry of the rank list, in which, 60 vacancies were reported to the PSC and advises have been confined only to such 60 vacancies. Further that, the total number of vacancies that has arisen during the currency of the above said rank list in the post of HSA (Hindi) is 79 and that therefore atleast 19 more vacancies, viz., total 79 vacancies -60 advises = 19 vacancies, are still available for advice and appointment and that these 19 vacancies are substantive vacancies, which can be adjusted as against the 26 provisionally reported vacancies and that the Tribunal may order that the respondent PSC may make advice of candidates included in the above said rank list, as against atleast those 19 vacancies which may be adjusted as against the 26 provisionally reported vacancies. The main case put up by the petitioners is on the basis of a statement filed by them in O.A.(Ekm)No.1732 of 2018, which has been produced as Ext.P8 in O.P.(KAT)No.260/2022 (see pages 86 to 105 of that O.P.). It is common ground that the various quotas fixed for various methods of appointment is direct recruitment - 50%, interdistrict transfer - 25%, by promotion to the post of HSA from the feeder category of primary teacher -15% and by transfer appointment from qualified low paid employees - 10%. Further, it is the case of the petitioners that in the executive orders prescribing the method of appointment, it has been made clear that in case qualified candidates are not available in the other methods of appointment, then resort can be made to direct recruitment.

5. The details of the factual case set up by the petitioners, as made out in the above referred Ext.P8 produced in O.P. (KAT)No.260/2022, are given in internal pages 5 to 7 of