Vacancies must be filled as per eligibility criteria outlined in special rules; improper promotions invalidate prior claims, allowing rightful candidates to be appointed.

JUDGMENT

Alexander Thomas , J.

The petitioner herein has filed Ext.P2 original application, O.A.

(Ekm) No.981/2018, seeking for directions from the Tribunal in the matter of his advice and appointment to the post of Trade Instructor- Gr.II (sheet metal) in the department of Technical Education, in pursuance of Anx.A3 selection notification dated 15.11.2014 issued by the 4th respondent-Public Service Commission and on the basis of inclusion of the original applicant in Anx.A1 ranked list dated 29.12.2017 for the said post. The Tribunal, after hearing both sides, has rendered the impugned Ext.P1 final order dated 05.05.2021 dismissing the O.A. on the ground that all the vacancies reported to the Public Service Commission (PSC) during the currency of the ranked list, which expired on 29.12.2020, has been duly advised by the PSC and that no vacancies were remaining pending for advice and further that the single vacancy that was ordered by the Tribunal to be provisionally reported by the appointing authority to the PSC, cannot be utilised for advice and appointment in as much as the same cannot be treated as a substantive vacancy since duly promoted qualified hands have been given promotion in the promotion quota. It is this final verdict of the Tribunal at Ext.P1 rendered on 05.05.2021 in the above O.A., that is under challenge in this O.P.

2. Heard Sri.P.M.Pareeth, learned counsel appearing for the petitioner in the original petition/the sole applicant in the O.A. before the Tribunal, Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for official respondents 1, 2 & 6 and Sri.P.C. Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for R3&R4.

3. The case set up by the petitioner is to the effect that he has responded to the selection notification issued by the respondent Kerala Public Service Commission as per Anx.A3 dated 15.11.204 for selection and appointment to the post of Trade Instructor-Gr.II (sheet metal) in the Department of Technical Education and after the due process of selection, he has been duly included in Anx.A1 ranked list dated 29.12.2017 published by the respondent-Kerala Public Service Commission for post of Trade Instructor-Gr.II (sheet metal) as rank No.4 and it appears that the petitioner has no claims for community reservation eligibility.

4. From the pleadings of the respondent-Kerala Public Service Commission as made out in Ext.P3 reply statement filed by the said party, it appears that 6 vacancies were duly reported by the appointing authority (Directorate of Technical Education) to the respondent Public Service Commission during the currency of the ranked list, which expired on 29.12.2020. Further that all the 6 vacancies have been duly utilised for advice and candidates included in Anx.A1 ranked list has been advised and the last candidate advised in the OC turn was rank No.3.

5. It appears that the turn of the petitioner for advice on account of his inclusion in Anx.A1 ranked list has not arisen, going by the pleadings and materials on record. However, well before the expiry of the ranked list on 29.12.2020, on the miscellaneous application filed by the original applicant, an interim order was passed by the Tribunal on 04.12.2020 directing the respondent appointing authority to report one vacancy in the post of Trade Instructor-Gr.II (sheet metal), to the respondent-Kerala Public Service Commission well before the expiry of the ranked list on 29.12.2020 provisionally and subject to the result of the O.A. and with the further rider that the respondent PSC shall not advice any candidate as against the said vacancy so provisionally reported, without orders of the Tribunal. It is also common ground that in compliance of the said interim order dated 04.12.2020 the respondent appointing authority has duly reported one vacancy in the abovesaid post to the respondent PSC on 15.12.2020.

6. The Special Rules for the post of Trade Instructor-Gr.II under the depa