KPSC's authority to manage community reservations and adjust turns is upheld, with the court confirming that adjustments must be aligned with statutory provisions to preserve equitable representation.

JUDGMENT

Muralee Krishna, J.

The applicant in O.A. (EKM)No.411 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam (the ‘Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India , challenging the order dated 28.05.2025 passed by the Tribunal in that original application.

2. The petitioner filed O.A. (EKM) No.411 of 2025 before the Tribunal under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:

“a. Call for the records leading to Annexure A5 Appointment Chart; Set aside the same;

b. Declare that the 2^nd respondent does not have the authority to convert a Turn reserved for the E/B/T community as per the Annexure to KS&SSR roster to a reservation for LC/AI community when a suitable candidate belonging to the E/B/T community is available in the Annexure A2 ranked list;

c. Declare that the 2^nd respondent does not have the authority to convert a Turn reserved for the E/B/T community as per the Annexure to KS & SSR roster to a reservation for LC/AI community when a suitable candidate belonging to LC/AI community is not available in the Annexure A2 ranked list;

d. Declare that MR1- Turn 28 in the post of Medical Officer (Marma) in the Indian Systems of Medicine Department is entitled to the E/B/T community on the basis of Rule 15 of the KS & SSR;

e. Direct the 2^nd respondent to appoint the applicant to MR1- Turn 28 in the post of Medical Officer (Marma) in the Indian Systems of Medicine Department forthwith”.

3. Going by the averments in the original petition, the petitioner is included in the ranked list published by the Kerala Public Service Commission (‘KPSC’ for short) to the post of Medical Officer (Marma). The petitioner belongs to the Thiyya community. Turn 28 in the reservation roster as per Annexure of the Kerala State and Subordinate Service Rules (‘KS&SSR’ for short) part II, belongs to the Ezhava/Billava/Thiyya communities and thus, on the basis of the ranked list, she is entitled to be appointed to that Turn. However, the KPSC, through Annexure A5 appointment chart, arbitrarily converted that turn to the Latin Catholic/Anglo Indian community, stating that it is used to compensate the LC/AI community for an E/B/T candidate appointed on 05.04.1995 to a turn reserved for LC/AI candidates, as per the pre-amended Rule 15 of the KS&SSR. Annexure A5 further states that since there are no LC/AI candidates available in the ranked list, the vacancy is kept unfilled for the NCA Notification for LC/AI. The above action of the KPSC denying appointment to the petitioner is arbitrary, illegal and ultra vires, since, as per the amended Rule 15 (a) of the KS & SSR part II, a vacancy attached to a turn can be filled only with candidates belonging to the community to whom the turn belongs. The Note to Rule 15(a) of the KS & SSR part II permitting compensating uncompensated turns as on 02.02.2006, read with the main provision, clarifies that such compensation can be effected only in the absence of candidates despite following the steps outlined in Rule 15(a).

4. In the original application, the 2nd respondent filed a reply statement dated 19.05.2025 opposing the reliefs. Thereafter, the petitioner filed a rejoinder dated 26.05.2025. After considering the rival contentions, the Tribunal by the impugned Ext.P5 order dated 28.05.2025 dismissed the origin