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A. MUHAMED MUSTAQUE, P. M. MANOJ
Kerala Public Service Commission, Represented by Its Secretary – Appellant
Versus
Vilayathulla P. H. , S/o. P. G. Hameed Bava – Respondent
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-Pum
The Tribunal misapplied the law regarding the extension of the ranked list, which is solely within the PSC's authority under specific conditions.
The court emphasized that the PSC must extend rank lists uniformly for a minimum of three months during extraordinary circumstances, in line with Rule 13 of the Procedural Rules.
The expired ranked list does not provide grounds for appointment claims, resulting in dismissal of petitions.
Vacancies arising during the extended validity of a ranked list must be advised, regardless of their reporting date, as long as they arose before the list's final expiry.
NJD vacancies arising after the expiry of a ranked list cannot be filled using the expired list.
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 ....
The supervisory jurisdiction under Article 227 cannot alter findings of lower tribunals without clear manifest errors, particularly regarding vacancy reporting tied to expired lists.
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