IMPORTANT POINT
The Tribunal misapplied the law regarding the extension of the ranked list, which is solely within the PSC's authority under specific conditions.

JUDGMENT :

A. Muhamed Mustaque, J.

In these matters, the Kerala Public Service Commission (PSC), as well as candidates included in a ranked list published by the PSC on 16/05/2023 for appointment to the post of Fire and Rescue Officer (Driver) (Trainee), challenges the order of the Tribunal. This is for the reason that, for recruitment to the same post, the Tribunal, based on the ranked list dated 10/10/2019, ordered an extension of the period of the said ranked list (10/10/2019) on the ground that an interim order passed by the Tribunal in another matter curtailed its lifespan. Therefore, the Tribunal ordered that the ranked list shall run for an additional period equivalent to the period of interim order from 18/12/2019 to 18/01/2021.

2. The facts of the case are as follows:

PSC invited applications for selection to the post of Fireman Driver-cum-Pump Operator (Trainee) in the Fire and Rescue Services as per a notification dated 12/05/2017. The ranked list came into force with effect from 10/10/2019. The ranked list was cancelled by the PSC on 09/10/2020. During the currency of the ranked list, a challenge was raised against the qualification for appointment as Fireman Driver-cum-Pump Operator (Trainee). The Tribunal as per order in O.A.[EKM].No.666/2018 and connected cases passed an interim order on 18/12/2019 interdicting PSC from advising the candidates from the ranked list. This stay continued till 18/01/2021. As a result of the above order, no advice was made. The Tribunal thereafter dismissed the challenge on 18/01/2021. A fresh original application was filed as O.A. No. 1457/2020 seeking an extension of the validity of the ranked list equal to the period during which the interim order was granted by the Tribunal from 18/12/2019 to 18/01/2021. That had been allowed. This is how O.P.(KAT).No.399/2022 was filed before this Court challenging the order of the Tribunal by PSC. The candidates in the ranked list dated 16/5/2023 filed O.P.(KAT).No.379/2023 challenging the very same order. O.P.(KAT).No.198/2024 was filed by another set of candidates included in the ranked list dated 16/5/2023 for an extension of the validity of their ranked list.

3. The Tribunal, in O.A.No.1457/2020 placed reliance on the Full Bench judgment of this Court in Unnikrishnan Nair G.S. and Others v. State of Kerala and Others [2019 (2) KHC 24] to extend the period. We shall examine the applications of the above judgment in this matter at a later stage.

4. It is to be noted that 62 vacancies were reported during the currency of the ranked list and upon disposal of the case, all advices were issued. There was no interdiction against the reporting of vacancies. Pursuant to a fresh notification, 80 vacancies were reported. Rule 13 of Kerala Public Service Commission Rules of Procedure prescribes the procedure to be followed after the publication of a ranked list. Under Rule 13, a ranked list published is normally in force for a period of one year provided that the said list will continue to be in force till the publication of a new list after the expiry of a minimum period of one year or till the expiry of three years whichever is earlier. Under the 4th proviso to Rule 13, if no candidate is advised during the period of one year, the life of the ranked list will be extended till the expiry of 3 years; and also for a further period of one year, if the situation continues. Under the 5th proviso to Rule 13, if there is a period of general ban declared by the Government in reporting the vacancies, PSC will have the power to keep the ranked list alive for such another period, as it may be decided, subject to minimum period of three months or for such other period not exceeding one and a half year in aggregate.

5. A Division Bench of this Court in KPSC v. Dr. Kesavankutty Nair (1977 KHC 287) in similar circumstances held that the principles of actus curiae neminem gravabit does not apply. Another Division Bench of this Court in Unnikrishnan Nair’s case (supra) doubt