Inconsistent reporting by the Department regarding job vacancies undermines fair appointment procedures, warranting judicial intervention and a re-evaluation of the original application.

JUDGMENT :

Muralee Krishna S., J.

This original petition is filed by the applicant in O.A.No.2290 of 2023 on the file of the Kerala Administrative Tribunal, Principal Bench, Thiruvananthapuram, (‘the Tribunal’ for short), by invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 21.03.2025 passed by the Tribunal in that original application.

2. The petitioner is an Ex-Serviceman who suffered 30%disability while on duty. He belongs to Hindu Nadar Community. The petitioner was rank No.7 in Annexure A1 ranked list dated 04.03.2021 for the selection of High School Assistant (Social Science)-Tamil Medium in Idukki District, published by the 3^rd respondent Kerala Public Service Commission (‘KPSC’ in short). Soon after the publication of Annexure A1 ranked list, O.A.No.805 of 2021 was filed before the Tribunal, which was finally ended in dismissal on 15.09.2023. The petitioner alleges that due to the pendency of the said original application, the Department was not keen on calculating and reporting the vacancies, and the vacancies arose then and there were managed by engaging temporary hands/guest teachers. After constant efforts, the petitioner got information that though the cadre strength is 25, only 18 teachers were appointed through KPSC, and out of which, many have obtained interdistrict/interdepartmental transfer, deputation and promotion, etc. The 2^nd respondent is duty-bound to report at least 7 existing vacancies and remaining also after finding out the dearth. The petitioner states that even after the dismissal of O.A.No.805 of 2021, all vacancies in the 23 Schools, in which the post of High School Assistant (Social Science)-Tamil Medium are sanctioned, were not reported to the KPSC. According to the petitioner, although there are only 23 Schools, the cadre strength of the High School Assistant (Social Science)-Tamil Medium is 25, as two Schools, namely GVHS, Munnar, and PHSS, Vandipperiyar, have two posts each.

2.1. Before the Tribunal, the petitioner contended that the 2^nd respondent has taken a wrong stand that the cadre strength is 23 and the vacancies available in the Department amount to 6, of which 3 are already reported to KPSC, but not advised due to non- availability of candidates in the respective turns. As per Annexure A3 letter dated 24.07.2023 received from the 2^nd respondent, one of the three remaining vacancies has been reported to the KPSC, and one is set apart for by transfer appointment. Decision is yet to be taken regarding the remaining one post, which arose from 01.04.2023 due to retirement of the incumbent. The petitioner contended that as there are no eligible candidates for by transfer appointment, the said vacancy also has to be reported for direct recruitment. Another incumbent, Sri.Thankaraj, is working on deputation, and the said vacancy is not reported so far. When the actual cadre strength is considered as 25, the total number of vacancies to be reported is 8. By producing Annexure A4 appointment chart, the petitioner contended before the Tribunal that the last vacancy reported was on 30.03.2023, i.e., four months before Annexure A3 reply and it can be presumed that the single vacancy referred in Annexure A4, which the 1^st respondent claims to have reported as a single one out of the three kept separately from the batch of 6. From Annexure A4, it can be seen that the 5^th rank holder, namely Elizabeth Rani L., in the main list of Annexure A1 ranked list is advised in MR1-OC, and 3 turns are pending over including MR1 Hindu Nadar (on 18.04.2023). So even in the worst-case s