IMPORTANT POINT
The Tribunal or Court cannot ascertain vacancies as a primary authority unless there is evidence of wilful omission or arbitrary action.

JUDGMENT :

(A. Muhamed Mustaque, J.)

The petitioners were the applicants before the Tribunal. They were included in the ranked list for the post of High School Assistant (Malayalam) in Kozhikode District. The ranked list came into force on 09/08/2017 and expired on 08/08/2020. The grievance of the petitioners was that the actual number of vacancies was not disclosed by the Department and therefore, advice should be made in respect of all vacancies that were in existence during the currency of the ranked list.

2. It is to be noted that on the basis of the interim order passed by the Tribunal on 30/06/2021 and 04/08/2020, 40 vacancies were reported to the PSC. The Tribunal taking note of the above, directed the Director of General Education to report, whether any such vacancy existed, in the prescribed format, after giving the opportunity of hearing to the applicants, within a period of three months. This order was passed on 05/03/2024. This Court, by an interim order, dated 29/07/2024, directed the Department to carry out the exercise to find out the number of vacancies that exist; which was being reiterated; and finally, pursuant to the direction issued on 09/01/2025, a statement has been filed by the second respondent. It is appropriate to refer to paragraphs 11 to 14 of the said statement.

“11. Before the expiry of the referred rank list 15 vacancies were reported from various schools. Those vacancies are divided as follows.

12. 10 vacancies earmarked for direct PSC recruitment were reported to the 4th respondent on 07.07.2020. Subsequently, candidates were duly advised by the 4th respondent from the rank list which the petitioners included and the appointment given to them time by the 2nd respondent. Application for Interdistrict transfer called for by the 1" respondent as per circular no. A1/573/2021/DGE dated. 18/01/2021. Final procedure for IDT 2020-21 completed on 28/06/2021 and the 3 vacancies set apart for IDT were filled up

13.It is humbly submitted that no vacancies were kept unfilled on the expiry date of the referred ranklist. All the vacancies eligible for direct PSC recruitment have been reported to 4th respondent without any delay.

14. New ranklist for the selection for the post of HSA Malayalam came into force in Kozhikode district on 05/09/2023. The appointment process is progress in the new ranklist and 40 more vacancies reported to 4th respondent 40 candidates advised and appointments issued. It is respectfully submitted that no vacancies existing in this Subject.”

We are satisfied with the above statement.

3. The Tribunal or this Court cannot undertake such an exercise to find out the number of vacancies as a primary authority. The vacancies of HSA would depend upon many factors, including inter-district transfer. The Tribunal or this Court is not expected to exercise such practice, and only if there is any wilful omission or arbitrary action and such vacancies are not reported, the Tribunal or the Court would interfere. Anyway, a new ranked list has come into force in this matter. In such circumstances, we find no scope for interference with the impugned order. Accordingly, the Original Petition stands dismissed.