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2025 Supreme(Online)(Ker) 56410

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S, JJ
ARYA KRISHNAN – Appellant
Versus
STATE OF KERALA – Respondent
OP(KAT) NO.466 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.R.KISHORE (KALLUMTHAZHAM), SHRI.AMAR S.R., SMT.UTHARA A.S
For the Respondents: SRI. APPU K.S, GP; SRI. P.C. SASIDHARAN, SC, KPSC

Judicial review under Article 227 is limited; interference occurs only in cases of grave dereliction or patent perversity.

Headnote:The judgment assesses the legality of the interim orders issued by the Kerala Administrative Tribunal concerning recruitment vacancies for Upper Primary School Teachers. The Tribunal's directive to report 63 vacancies was challenged by the applicants in light of the Administrative Tribunals Act, 1985's provisions regarding recruitment processes. The Court found no grounds to interfere with the Tribunal's interim order, upholding its decision as consistent with Article 227 of the Constitution's supervisory authority over lower tribunals.

Table of Content
1. recruitment vacancies and administrative procedures. (Para 1 , 2 , 3 , 4)
2. arguments regarding number of reported vacancies. (Para 6 , 7)
3. supervisory power of high court. (Para 9 , 10)
4. limits of jurisdiction under article 227. (Para 11 , 12 , 13 , 14)
5. final decision rendered. (Para 15)

JUDGMENT

Anil K. Narendran, J.

The petitioners are applicants 1 and 3 in O.A.No.605 of 2025 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, which was one filed invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking an order directing the 4th respondent Deputy Director of Education, Kollam, to report 46 vacancies of Upper Primary School Teacher (Malayalam Medium) in Kollam District, that had arisen due to Headmaster promotion, to the 5th respondent District Officer for making recruitment from Annexure A1 ranked list (Category No.517 of 2019), published by the 3rd respondent Kerala Public Service Commission; direct the 4th respondent Deputy Director of Education to report 50 vacancies to the 5th respondent District Officer, that had arisen due to staff fixation for satisfying from Annexure A1 ranked list; direct the 4th respondent Deputy Director of Education to report three vacancies to the 5th respondent District Officer, out of which 2 have been set apart for protected teachers and 1 as a rejoining vacancy, for satisfying from Annexure A1 ranked list; direct the 4th respondent Deputy Director of Education to report 13 vacancies to the 5th respondent, that had been excessively granted for by transfer appointment, for satisfying from Annexure A1 ranked list; direct the 4th respondent Deputy Director of Education to report 34 vacancies to the 5th respondent, that had arisen due to promotion from UPST as HSA and HSST, for satisfying from Annexure A1 ranked list; direct the 4th respondent Deputy Director of Education to report 23 vacancies to the 5th respondent Public Service Commission, that are due to arise as a result of retirement in the year 2025, for satisfying from Annexure A1 ranked list; direct the 5th respondent District Officer to immediately issue advice memos from Annexure A1 ranked list on receipt of such vacancies; and direct the 4th respondent Deputy Director of Education to issue appointment orders therefrom.

2. In the original application, the 4th respondent Deputy Director of Education filed Ext.P4 reply statement dated 13.05.2025. The applicants have filed Ext.P5 rejoinder dated 25.06.2025. The 4th respondent Deputy Director of Education filed Ext.P7 additional statement dated 16.09.2025.

3. On 26.09.2025, when the original application came up for consideration, it was admitted on file. The learned Government Pleader took notice for respondents 1, 2 and 4. The learned Standing Counsel for Kerala Public Service Commission took notice for respondents 3 and 5. The Tribunal granted Ext.P1 interim order, which reads thus;

“There shall be a direction to the 4th respondent to report 63 vacancies of UPSA to the 5th respondent on or before 09.10.2025, provisionally and subject to further orders in this Original Application. There shall be a further direction to the 5th respondent, not to advice the candidates against the reported vacancies without getting orders from this Tribunal.”

4. Challenging the interim order dated 26.09.2025 of the Tribunal in O.A.No.605 of 2025, the petitioners-applicants 1 and 3 are before this Court in this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India .

5. Heard the learned counsel for the petitioners-applicants 1 and 3, the learned Senior Government Pleader for respondents 1, 2 and 4 and the learned Standing Counsel for Kerala Public Service Commission for respondents 3 and 5.

6. The learned counsel for the petitioners-applicants 1 and 3 would contend that instead of reporting 63 vacancies, the Tribunal ought to have reported 147 more vacancies.

7. In Ground R

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