The Tribunal's interim orders affecting public service vacancies must be based on a thorough evaluation of candidates' rights, ensuring lawful reporting of vacancies.

JUDGMENT :

MURALEE KRISHNA S., J.

1. This original petition is filed by respondents 46 to 49 in O.A.(EKM)No.758 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (‘Tribunal’ in short), challenging the orders dated 29.07.2025 passed by the Tribunal in M.A.(EKM)No.973 of 2025 and M.A.(EKM)No.1111 of 2025.

2. Going by the averments in the original petition, the petitioners are candidates who are included in the ranked list for selection to the post of Lower Division Clerk (Kannada - Malayalam Knowing) in Kasaragod district. 115 vacancies of Lower Division Clerk (Kannada - Malayalam Knowing) in Kasaragod district have been identified and reported to the Kerala Public Service Commission (‘KPSC’ in short), as evident from Annexure A12 status of posts. But, due to various litigations, not even a single candidate has been advised from the ranked list. The candidates who are included in Annexure A2 ranked list dated 01.08.2022 published by the KPSC, for the post of LD Clerks (various departments) in Kasaragod district have filed OA (EKM)No.758 of2025 claiming the vacancies set apart for Lower Division Clerk (Kannada - Malayalam Knowing) in Kasaragod district and the Tribunal as per Exhibit P2 order dated 30.05.2025 stayed the advice by the KPSC against the vacancies reported in Annexure A12 and also ordered not to report any further vacancies of Lower Division Clerk (Kannada - Malayalam knowing) in Kasaragod district. All the vacancies available for LD Clerks (various departments) in Kasaragod district have already been reported and advised from Annexure A2 ranked list. That apart, in the vacancies set apart for Lower Division Clerk (Kannada-Malayalam Knowing) in Kasaragod district, a large number of candidates from the ranked list of LD Clerks (various departments) in Kasaragod district are being posted and are even now occupying illegally. Even though, the petitioners herein had filed Miscellaneous Application for vacating Exhibit P2 interim order, the Tribunal not only declined to fully vacate Exhibit P2 interim order, but further issued another direction to provisionally report 97 vacancies more which have already been regularly reported towards selection to the post of Lower Division Clerk (Kannada - Malayalam Knowing)in Kasaragod district. Exhibits P7 and P8 orders dated 29.07.2025 issued by the Tribunal are patently illegal and are liable to be set aside. Hence, the petitioners filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India.

3. Heard the learned counsel for the petitioners, the learned Standing Counsel for the KPSC, the learned Senior Government Pleader and the learned counsel for the party respondents.

4. The learned counsel for the petitioners would submit that all the vacancies available for L.D. Clerks (various departments) in Kasargode district have already been reported and advised from Annexure A2 ranked list dated 01.08.2022. Even though the petitioners filed a miscellaneous application for vacating Ext.P2 interim order dated 30.05.2025, the Tribunal passed the impugned orders without considering the serious and genuine contentions raised by the petitioners. The impugned interim orders passed by the Tribunal, if permitted to continue, will cause serious prejudice to the petitioners.

5. The learned Standing Counsel for the KPSC would submit that the majority of the official respondents are not the concerned officers who have to report the district-wise vacancies of LD Clerks and hence it is very difficult to comply the direction of the Tribunal.

6. The ori