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2025 Supreme(Online)(Ker) 56095

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
SAREENA C.T. – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 27321 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.K.MOHAMED JAMEEL, SMT.SUHARABI KANNETH, SMT.SMRITHI HARRIS
For the Respondents: SRI.POOVAMULLE PARAMBIL ABDULKAREEM, SRI.M.K.HARIKUMAR, SMI.SONY K.B., GOVERNMENT PLEADER

Vacancies arising during the validity of a rank list should be filled from that list without new recruitment, subject to necessary approvals.

Headnote:Relevant statutory provisions dictate the filling of vacancies from an existing rank list during its validity. The facts show that the petitioner, ranked 5th, was not appointed despite available vacancies. The Court affirmed that previous judgments support this interpretation, thus directing the filling of vacancies from the rank list. Primary issues revolved around appointment procedures, with the Court reinforcing established precedents which allow vacancy filling without initiating fresh recruitment processes. The Court concluded that vacancies arising during the rank list's validity must be filled from the list, emphasizing administrative approval for appointments.

Table of Content
1. vacancy filling from rank list (Para 1 , 2 , 3)
2. government approval on recruitment (Para 4)

JUDGMENT Dated this the 8th day of December, 2025 The petitioner is rank No.5 in Ext.P1 rank list for the post of Office Attendant in Korambayil Ahamed Haji Memorial Unity Women’s College, Manjeri.

2. The petitioner states that notified vacancies were filled up. During the validity of Ext.P1 rank list, two more vacancies of Office Attendants have arisen. The petitioner submitted Ext.P8 request before the 3rd respondent seeking appointment. The 3rd respondent has not appointed the petitioner so far, contends the petitioner.

3. This Court, in Smitha T. Pillai v. Joint Registrar (General) and others [2015 KHC 816] and Pannivizha Service Co-operative Bank Limited No.891 Adoor v. Smitha Pillai and others [ 2018 (2) KHC 611 ], has held that during the currency of a rank list, if any other vacancies arise, without initiating new recruitment process, the appointment can be done from the said rank list. The petitioner seeks the benefit of the said judgments.

4. Counsel representing the 3rd respondent submitted that the vacancies have arisen during the currency of the rank list but, however, the Manager is disabled to fill up the vacancies without approval from the Government. 5. The Government Pleader submits that an intimation has been received to the effect that two vacancies of Office Attendant have arisen in the 3rd respondent’s College and these can be filled up from the existing rank list.

In view of the stand taken by respondents 2 and 3, the writ petition is disposed of directing to fill up the vacancies of Office Attendant arisen during the currency of the rank list, from the candidates in the said list. Needless to say, the approval to the appointments so made will be subject to the approval to be granted to the promotees.

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