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2024 Supreme(Ker) 127

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Ajith. G. Das, S/o. D. Gnanadas – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.MOHANAKANNAN, H.PRAVEEN (KOTTARAKARA), KALEESWARAM RAJ, CHINNU MARIA ANTONY, THULASI K. RAJ
For the Respondent: SMT.VINITHA B., SENIOR GOVERNMENT PLEADER BY SRI.P.C.SASIDHARAN, STANDING COUNSEL, MOLTY MAJEED, C.A.MAJEED(K/000330/1985), K.H.ASIF(K/478/2007), P.B.UNNIKRISHNAN NAIR(K/445/2012), RUBEN GEORGE ROCK(K/636/2014), SMT.VINITHA B., SENIOR GOVERNMENT PLEADER, SRI.P.C.SASIDHARAN, STANDING COUNSEL

JUDGMENT :

A.Muhamed Mustaque, J.

These original petitions raise a question as to the legality of the order passed by the Kerala Administrative Tribunal (KAT) to expand the short list of the candidates prepared by the Kerala Public Service Commission (KPSC), and questions the authority of the Government to recommend KPSC to expand the list. These matters came from different proceedings; however, in view of the common issue, the same are disposed of by a common judgment. We shall advert to the facts of each case:

2(i). O.P.(KAT).No.298/23: This original petition was filed by applicants 2 to 4 in O.A.No.893/2023 on the file of KAT. They were applicants to the post of Junior Health Inspector Grade-II in Municipal Common Service in Malappuram District vide notification dated 29/5/2015. The notification was issued in the year 2015. They approached KAT aggrieved by the decision of KPSC not to accept Government recommendation for expansion of the rank list. KAT negatived the challenge.

2(ii). O.P.(KAT).No.311/2023: This original petition was filed by the applicants in O.A.No.878/23 on the file of KAT. They sought expansion of the rank list for the Junior Health Inspector Grade-II in Municipal

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