The court lacks jurisdiction to grant interim relief under Article 226 when the original application is still pending.

Dated this the 18^th day of June 2024 A.Muhamed Mustaque, J.

JUDGMENT

Petitioner was the 1^st applicant before the Tribunal. His application is pending before the Tribunal. On 07.03.2024, the Tribunal passed the following order.

“Government Pleader shall get specific instructions from respondents 2 and 5 with respect to vacancies if any existing in the cadre of Assistant Surgeon/Casualty Medical officer to be reported to the Public service Commission for advice and appointment out of Annexure-A1 ranked list. “

Petitioner approached this Court seeking for a direction to the 5^th respondent to report the NJD vacancies pursuant to Exts.P6 and P7 and to fill up existing vacancies from Annexure A1 ranked list. This Court cannot grant the interim reliefs, invoking the inherent jurisdiction under Article 226 of the Constitution of India . It is reported that rank list was expired There is no scope for passing an order in the matter, especially when the original application is pending before the Tribunal.

The Original petition is dismissed.

Sd/

A.MUHAMED MUSTAQUE JUDGE sd/

S.MANU JUDGE jm/

APPENDIX OF OP(KAT) 199/2024 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE RELEVANT PAPER OF THE RANK LIST NO.96/2021/ERI CATEGORY NO.305/2019 DATED

17.03.2021 ISSUED BY THE 4TH RESPONDENT Annexure A2 TTRUE COPY OF THE NOTIFICATION NO.CATEGORY

305/2019 DATED 11.12.2019 Annexure A3 TRUE COPY OF THE APPOINTMENT ORDER NO.EA3-

28944/2021/DHS DATED 18.11.2022.

Annexure A4 TRUE COPY OF THE REPLY LETTER NO.EA2-

24032/2023/DHS DATED 26.12.2023 Annexure A5 TRUE COPY OF THE REPRESENTATION DATED

19.12.2023 Annexure A5(a) TRUE COPY OF THE REPRESENTATION DATED 1.1.2024 Annexure A5(b) TRUE COPY OF THE REPRESENTATION DATED 12.1.2024 Annexure A6 TRUE COPY OF THE LETTER NO.IDS 1 (3)

874350/2023/GW DATED 28.12.2023 Annexure A7 TRUE COPY OF THE ORDER IN MA NO. 21/2022 IN M.A NO.665 OF 2021 IN SUOMOTU WRIT PETITION (C) NO. 3/2020 DATED 10.01.2021 PASSED BY THE HON'BLE SUPREME COURT Annexure A8 TRUE COPY OF THE PAPER CUTTING DATED 4.3.2024 IN MATHRUBHUMI DAILY.

Exhibit P1 THE TRUE COPY OF THE INTERIM ORDER DATED

17.03.2024 IN O.A NO. 443/2024 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P2 THE TRUE COPY OF THE O.A NO. 443/2024 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P3 THE TRUE COPY OF THE REPLY DATED 09.04.2024 UNDER RTI Exhibit P4 THE TRUE COPY OF THE APPLICATION DATED

07.03.2024 SUBMITTED TO 5TH RESPONDENT UNDER RTI Exhibit P5 THE TRUE COPY OF THE APPOINTMENT CHART NO.

RIE(3)2462/2021/GW DATED 07.03.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P6 THE TRUE COPY OF THE PROCEEDINGS NO.EA1-

7264/2024/DHS DATED 26.03.2024 Exhibit P7 THE TRUE COPY OF THE APPINTMENT CHART NO.R1E(3)2462/2021/GW DATED 27/03/2024 Exhibit P8 THE TRUE COPY OF THE APPOINTMENT CHART NO.

RIE(3)2462/2021/GW DATED 27.04.2021 ISSUED BY THE 4TH RESPONDENT Exhibit P9 THE TRUE COPY OF THE ADVERTISEMENT DATED

17.01.2024 ISSUED BY SUPERINTENDENT, TALUK HOSPITAL, NEDUMKANDAM Exhibit P10 THE TRUE COPY OF THE NOTIFICATION DATED NIL FOR ATTENDING INTERVIEW FOR THE AD HOC APPOINTMENT OF DOCTOR ON 06.03.2024 ISSUED BY DISTRICT MEDICAL OFFICER, KANNUR Exhibit P11 THE TRUE COPY OF THE MATHRUBHUMI PRINT MEDIA DATED 17.03.2024