The central legal point established in the judgment is the application of equal opportunity for public employment and the interpretation of selection rules in the context of ongoing and continuous recruitment to public services.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The afore captioned Original Petition instituted under Articles 226 & 227 of the Constitution of India is directed against the impugned Ext.P21 final order rendered on 18.05.2022 by the Kerala Administrative Tribunal, Ernakulam Bench in OA (Ekm) No. 1268/2020. The petitioners herein are the applicants are the applicants in the OA and the respondents herein are the respondents in the OA.

2. Heard Sri. S. Sreekumar, learned Senior Counsel instructed and assisted by Sri. Thomas P. Kuruvila, learned Counsel appearing for the petitioners herein, Sri. K.P. Harish, learned Senior Government Pleader appearing for official respondents 1 & 2 herein and Sri. P.C. Sasidharan, learned Standing Counsel appearing for R3 herein.

3. The prayers in the instant Ext.P1 Original Application, OA (Ekm) No. 1268/2020 filed by the petitioners herein before the Kerala Administrative Tribunal, Ernakulam Bench are as follows:

“(i) To direct the 2nd respondent to notify at least 125 vacancies to the post of Legal Assistant (Grade II) in the Law Department (Government Secretariat), Government of Kerala to the 3rd respondent expeditiously and at any rate within a time limit to be prescribed by this Tribunal.

(ii) Direct the 3rd respondent to fill the vacancies that arose in the post of Legal Assistant (Grade II) in the Law Department (Government Secretariat), Government of Kerala during the years 2016-2017 from Annexure A2 rank-list.

(iii) To direct the 3rd respondents to extend the validity of Annexure A2 rank-list in view of the COVID 19 pandemic.

(iv) To direct the 3rd respondent to make appointments to the vacant posts of Legal Assistant (Grade II) in the Law Department (Government Secretariat), Government of Kerala within a time limit to be fixed by this Tribunal.

(v) Direct the respondents to treat the vacancies that may arise in 2021, 2022, 2023 as anticipated vacancies and fill the same from Annexure A2 rank-list.

(vi) Issue such other directions or orders as this Tribunal deem fit and proper in the facts and circumstances of the case, in the interest of justice.”

4. The Tribunal after hearing both sides, has rendered the impugned Ext.P10 final verdict, dismissing the OA, on the ground that the factual case of the applicant that there exists more vacancies than those that have already been reported by the appointing authority to the PSC, is factually not correct and that 93 advises have already been made from Annexure A2 rank-list dated 25.09.2017, which has expired on 24.09.2020 and that all substantive vacancies reported by the appointing authority to the PSC during the currency of the rank-list has already been duly advised. Hence, the Original Petition has been dismissed.

5. We have heard both sides in extenso and have considered the rival pleadings and materials on record. In the instant case, the petitioners claim to be candidates who have responded to Annexure A1 selection notification dated 19.06.2013 issued by the respondent Kerala Public Service Commission for selection and appointment to the post of Legal Assistant Grade II, Law Department, Government of Kerala. According to the petitioners, they have participated in the selection process and have been included in Annexure A2 rank-list dated 25.09.2017 finalized by the respondent Public Service Commission, which has expired on 24.09.2020. Further that the present OA had been filed by the petitioners before the Tribunal on 20.08.2020. Further, as per the interim prayer made by the petitioners, the Tribunal has passed interim order dated 18.09.2020, directing the respondent State Government to provisionally report 60 vacancies of Legal Assistant Grade II to the respondent PSC before the expiry of the rank-list on 24.09.2020. It appears to be common ground that the respondent State Government has provisionally reported 60 such vacancies in the post of Legal Assistant Grade II, to the respondent PSC, and the said provisional requisition has reached the Office of the PSC