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2023 Supreme(Online)(KER) 12983

HIGH COURT OF KERALA
A. Muhamed Mustaque, Shoba Annamma Eapen, JJ
THE KERALA PUBLIC SERVICE COMMISSION – Appellant
Versus
PREETHA K. – Respondent


Advocates:
SHRI.P.C.SASIDHARAN, SC, KPSC 2) THE DISTRICT OFFICER, C.A.MAJEED, K.H.ASIF, MOLTY MAJEED, P.B.UNNIKRISHNAN NAIR, RUBEN GEORGE ROCK2) THE STATE OF KERALA3) THE DIRECTOR

JUDGMENT

A.Muhamed Mustaque, J.

O.P.(KAT).No.56/2022 was filed by the Kerala Public Service Commission (PSC). The party respondents were the applicants for the post of UPSA (Malayalam Medium) in the English Department in Kozhikode District. They approached the Tribunal alleging that the rank list and short list prepared by the Commission based on the cut off marks is inadequate as there were sufficient number of vacancies in the district to include a large number of candidates. The Tribunal ordered that PSC shall carry out a proper assessment as to the additional number of candidates to be included in the rank list taking note of the reported vacancies and additional vacancies that had arisen consequent upon promotion. The Tribunal passed this order on 30/11/2021. The list expired on 26/12/2021. PSC challenges this order on the ground that it is purely within their domain to decide the modalities to prepare a rank list. Kerala Public Service Commission Rules of Procedure prescribes the mode of selection and number of candidates to be included in the probability list or rank list. It is pointed out that the notification was published in the year 2014 and rank list came into force w.e

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