The High Court maintains its supervisory role under Article 227, intervening only in cases of manifest errors or injustice by lower tribunals, emphasizing procedural fairness in administrative decisions.

JUDGMENT :

Anil K. Narendran, J.

The 4^th respondent in O.A.(EKM)No.1970 of 2021 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, is before this Court in this original petition filed invoking the supervisory jurisdiction under Article 227 of the Constitution of India , challenging Ext.P7 order dated 09.10.2024 of the Tribunal in that original application, which was one filed by the 1^st respondent herein-applicant, invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985 , to set aside Annexure A11 erratum notification dated 09.11.2021 issued by the 1^st respondent Kerala Public Service Commission (2^nd respondent herein) and Annexure A12 consequential advice dated 23.11.2021 issued to the 4^th respondent (petitioner herein) and Annexure A14 order of appointment dated 13.12.2021 issued by the 3^rd respondent State Police Chief (4^th respondent herein); an order directing the 1^st respondent Kerala Public Service Commission (2^nd respondent herein) to advice the applicant (1^st respondent herein) as per Annexure A10 ranked list; and to direct the 3^rd respondent State Police Chief (4^th respondent herein) to effect appointment in accordance with the advice to be made by the Kerala Public Service Commission, on the basis of Annexure A10 ranked list.

2. The pleadings and materials on record would show that the applicant and the 4^th respondent in O.A.(EKM)No.1970 of 2021 submitted applications pursuant to Annexure A1 notification dated 10.04.2019 issued by the Kerala Public Service Commission for recruitment to the post of Scientific Assistant (Biology) in the Kerala Police Service (Forensic Science Laboratory), against an NCA vacancy for Scheduled Caste community. The essential qualifications and the preferential qualification prescribed for the said post in Annexure A1 notification, which is in tune with Annexure A13 Special Rules for various technical posts in the Kerala State Forensic Science Laboratory, 2014, read thus;

“a) Essential Qualifications:-

Post Graduate Degree in Botany/Zoology with not less than 50% marks from a recognized University.

b) Preferential Qualification:-

(1) M.Phil Degree in Botany/Zoology from a recognized University.

(2) Two years Research/Analytical experience in Botany/Zoology from a recognized institution.”

3. After conducting an online examination, the Kerala Public Service Commission published Annexure A10 ranked list of the candidates for selection to the post of Scientific Assistant (Biology), in the Kerala Police Service (Forensic Science Laboratory), against NCA vacancy for Scheduled Caste community, in which the 1^st respondent-applicant was rank No.1 and the 4^th respondent-petitioner herein was rank No.2. Both of them secured 40.67 marks. The said ranked list was brought into force with effect from 24.09.2021. Two months thereafter, the Public Service Commission issued Annexure A11 erratum notification dated 09.11.2021, in which the 4^th respondent (petitioner herein) is rank No.1 and the applicant (1^st respondent herein) is rank No.2. The said notification reads thus;

“It is hereby notified that the following modifications has been made in the Ranked List No.338/2021/OLE dated 24.09.2021 for selection to the post of Scientific Assistant Biology-1 NCA-SC-Statewide (Cat.No.033/2019)-Kerala Police Service (Forensic Science Laboratory).

The entry “MPhil” in Remarks column, noted against the name of Greeshma Pradeep (Rank No.1) (Reg.No.100107) included in the above Ranked List is deleted from the Ranked List as she possesses only one preferential qualification.

The Rank position of Greeshma Pradeep with Rank No.1