The decision to not fill vacancies by KSEB was upheld as legitimate based on ongoing restructuring, emphasizing that candidates have no vested right to appointments from ranked lists under Article 226 of the Constitution.

JUDGMENT

[WA No.2096/2023, WP(C) No.30206/2024]

Dated this the 21^st day of November, 2025 Syam Kumar V.M., J.

This Writ Appeal has been filed challenging the judgment dated 22.11.2023 of the learned Single Judge in W.P.(C) No.11474 of 2023. Appellants were petitioners 2 and 3 in the said W.P.(C). The connected W.P.(C) No.30206 of 2024 raises similar questions for consideration as in the Writ Appeal. They are hence heard and disposed of vide this common judgment. For ease of referring to facts and exhibits, Writ Appeal No.2096 of 2023 is taken as the lead case.

2. Appellants are persons included in the ranked list for the post of Assistant Engineer (Civil) in Kerala State Electricity Board Ltd. (KSEB). They had filed the Writ Petition highlighting their grievance that despite the availability of substantial vacancies in the post of Assistant Engineer (Civil) in the KSEB, the same were not being reported to the Kerala Public Service Commission (KPSC) on the purported premise that restructuring measures are underway in the KSEB, and hence it was not possible to report more vacancies immediately. The appellants alleged that non reporting of all substantive vacancies to the post of Assistant Engineer (Civil) by the KSEB despite availability of substantive vacancies and notwithstanding directions contained in Exhibit P14 circular (which mandated that ‘no vacancies’ should be notified to KPSC if no vacancies are expected) and Exhibit P15 letter (which required that the details of vacancies reported to the PSC are required to be made available to the Government by the Department within two days) amounted to infringement of their fundamental rights. The following reliefs were sought in the W.P.(C):

“(i) To issue a writ of certiorari quashing Ext.P8 as unjust, illegal, arbitrary and unsustainable ;

(ii) To issue a writ of mandamus directing the 3rd respondent to report all the substantive vacancies including the 36 vacancies in the post of Assistant Engineer (Civil) in the Kerala State Electricity Board Ltd. to the 4^th respondent before the the expiry of Exhibit P1 ranked list ;

(iii) To issue a writ of mandamus directing the 4th respondent to issue advise memos to all the 36 vacancies from Exhibit P1 ranked list for the post of Assistant Engineer (civil) in the Kerala State Electricity Board Ltd.;

(iv) To issue a writ of mandamus directing the 3rd respondent to issue appointment orders to the petitioners to the post of Assistant Engineer (Civil) in the Kerala State Electricity Board Ltd.;

(v) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case ;

(vi) To dispense with filing of the translation of vernacular documents.”

3. The learned Single Judge dismissed the W.P.(C) inter alia holding that an appointing authority may, for good and sufficient reasons, take a decision not to fill up existing vacancies and merely because there is a ranked list in force, mandamus will not be issued in exercise of its jurisdiction under Article 226 of the Constitution of India to compel the appointing authority to fill up those vacancies. Aggrieved by the said judgment, the appellants have preferred this appeal.

4. Heard Sri.Kaleeswaram Raj, Advocate for the appellants/ petitioners, Sri.S.Amal Darshan, Advocate for the respondents 1 to 3 and Sri.P.C.Sasidharan, Advocate for the 4^th respondent.

5. On behalf of the appellants, it is submitted that the impugned judgment had been rendered overlooking the relevant aspects and is hence unsustainable. The purported restructuring that i