The supervisory jurisdiction of the High Court under Article 227 of the Constitution is limited to ensuring lower courts act within jurisdiction, without intervening unless there is a manifest error or failure of justice.

JUDGMENT :

Anil K. Narendran, J.

The petitioners are the applicants in O.A.(Ekm)No.1205 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, which was one filed invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, seeking an order to set aside Annexure A7 addendum notification dated 30.05.2025 issued by the 4^th respondent Kerala Public Service Commission; a declaration that no reservation under the Right of Persons with Disabilities Act, 2016, can be provided from Annexure A6 ranked list published by the 4^th respondent Public Service Commission for category No.290/2021, since reservation under the provisions of the said Act was not notified in Annexure A2 notification dated 16.08.2021 issued by the Public Service Commission for appointment to the post of Drug Inspector (Ayurveda); to set aside Annexure A9 notification published by the Public Service Commission regarding Additional Interview Programme for the post of Drug Inspector (Ayurveda), in the Kerala Drugs Control Department, which was scheduled to be held on 08.08.2025 at 9.45 a.m., to the extent it interviews physically disabled candidates included in Annexure A7 addendum notification.

2. On 05.08.2025, when O.A.(Ekm)No.1205 of 2025 came up for consideration, the Tribunal passed the following order;

“Evidently, Annexure A7 Addendum Notification, which is impugned herein, is issued on the basis of an interim order passed by this Tribunal in O.A.Nos.1401 of 2023 and 1661 of 2023, dated 12.03.2025. The said original applications are pending disposal before the Principal Bench of this Tribunal. If the applicants have got any grievance against the said interim order or against Annexure A7 Addendum Notification published, they have to seek appropriate remedy in those original applications itself, by getting impleaded therein. Learned counsel for the applicants submitted that the applicants are taking steps to get impleaded therein.

2. Counsel for the applicants raised apprehension that, if the candidates who are differently abled, additionally included in the short list through Annexure A7 Addendum Notification, are invited by the PSC to attend the interview scheduled on 08.08.2025, as notified under Annexure A9, and if those candidates are included in the ranked list and advised for appointment, contentions of the applicants will become fructified.

3. We are of the considered opinion that, it is a matter which need to be agitated before this Tribunal in the pending original applications in which the interim order was passed (O.A.No.1401 of 2023 and connected case). If ultimately it is found by this Tribunal that candidates for whom reservation is provided under Annexure A8 Government Order are not entitled to seek appointment under the selection process initiated pursuant to Annexure A2 notification, their inclusion in the ranked list or advice if any made will become invalid. Therefore, the entire matter can be agitated in the original applications which are pending.

Reserving liberty of the applicants to the above said extent, the original application is hereby disposed of by finding that the same is not maintainable in view of the interim order passed in O.A.Nos.1401 of 2023 and 1661 of 2023, dated 12.03.2025.”

3. Feeling aggrieved by Ext.P4 order dated 05.08.2025 of the Tribunal in O.A.(Ekm)No.1205 of 2025, the petitioners- applicants are before this Court in this original petition, invoking the supervisory jurisdiction under Article 227 of the Constitution of India.

4. Heard the learned counsel for the petitioners- applicants, the learned Senior Government Pleader for responden