The supervisory jurisdiction under Article 227 cannot alter findings of lower tribunals without clear manifest errors, particularly regarding vacancy reporting tied to expired lists.

JUDGMENT

Muralee Krishna, J.

The applicants in O.A.No.795 of 2025 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for short) filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P8 order dated 25.09.2025 passed by the Tribunal in that original application.

2. Going by the averments in the original application, the petitioners are aspirants for appointment to the post of Lower Primary School Teachers (Malayalam Medium) in the schools under the 1^st respondent in Kannur District. Based on the test and interview conducted by the Kerala Public Service Commission (KPSC’ for short), they are all included in the ranked list prepared district-wise for appointment to Lower Primary Schools under the 3^rd respondent. Despite having advised several candidates from the ranked list, it is noticed that a large number of substantive vacancies that have arisen during the period of validity of the ranked list are unfilled, on the reasoning that these vacancies will arise only after the present list has expired. Similarly, even though various posts have actually become vacant due to superannuation of the incumbents, the respondents are taking the stand that such vacancies are not available to be filled from the existing ranked list, since the same can be filled as per Rule 7A(2) of Chapter XIV A of the Kerala Education rules 1959 (‘ KER ’ for short), only after the re-opening of schools. Contending that the aforesaid actions are unjustifiable, the petitioners-applicants filed O.A.No.795 of 2025 under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following reliefs:

“i. Issue a writ in the nature of mandamus, or any other such appropriate writ, order or direction, commanding the 3^rd respondent to immediately report to the 4^th respondent for advise and appointment all the vacancies in the post of Lower Primary School Teacher (Malayalam Medium) in Kannur district, which have arisen or are due to arise during the pendency of Annexure-A2 rank list, from the qualified candidates included in that rank list, at any rate prior to 31.05.2025;

ii. Issue a writ in the nature of mandamus, or any other such appropriate writ, order or direction, directing the 4^th respondent to immediately advise the suitable qualified candidates from Annexure A2 rank list to the 32 vacancies reported by the 3^rd respondent to be presently available in the post of Lower Primary School Teacher (Malayalam Medium) in Kannur District, in accordance with law;

iii. Issue a writ in the nature of mandamus, or any other such appropriate writ, order or direction, commanding the 3^rd respondent to report the anticipated 20 vacancies due to arise on 31.05.2025 on retirement on superannuation of incumbents to the 4^th respondent as vacancies arising during the validity of Annexure-A2 list, and consequently, direct the 4^th respondent to advise suitable candidates from Annexure-A2 list to these vacancies”.

3. On 19.05.2025 when the original application came up for consideration along with connected original applications, the Tribunal passed Ext.P2 interim order whereby the Deputy Director of Education in all the districts concerned were directed to report all the vacancies of L.P. School Teachers (Malayalam Medium), arising before the expiry of the ranked lists which were brought into force with effect from 31.05.2022, well in advance befor