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HIGH COURT OF KERALA
MR. JUSTICE A.MUHAMED MUSTAQUE, MR.JUSTICE P. KRISHNA KUMAR, JJ
THE KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
HIMA K.S D/o SIVARAMAN K.K – Respondent
JUDGMENT :
A. Muhamed Mustaque, J.
A notification was issued for the post of Last Grade Servants in various departments in 14 districts, including Thrissur district, by the Kerala Public Service Commission (PSC) on 12/05/2017. The ranked list came into force on 30/06/2018. The ranked list was due to expire on 29/06/2021. The PSC extended the validity period of the ranked list due to the outbreak of COVID-19 up to 04/08/2021. However, taking note of the COVID pandemic and based on different challenges before this Court and the Tribunal, the ranked list period was extended and finally expired on 29/09/2021. On 02/08/2021, the office of the Deputy Director of Education, Thrissur, reported 11 vacancies for the post of Office Assistants in Thrissur district. It was mentioned in the proforma that these 11 vacancies were anticipated vacancies. On 04/08/2021, a request was made from the office of the Deputy Director of Education, Thrissur, to revoke 8 vacancies out of the 11 vacancies reported. It was stated that out of those who were promoted as Lab Assistants from the post of Office Assistants, 8 had relinquished their promotion, and therefore, only 3 vacancies exist. Accordingly, it was r
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.
The Tribunal misapplied the law regarding the extension of the ranked list, which is solely within the PSC's authority under specific conditions.
The Tribunal or Court cannot ascertain vacancies as a primary authority unless there is evidence of wilful omission or arbitrary action.
Point of law: Service Law – Reservation – PSC ought to have verified the rotation and reservation with respect to the entire Rank List and ought to have filled up all the 15 NJD vacancies, so as to s....
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.
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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