The court reinforced that candidates cannot compel filling vacancies from expired ranked lists, affirming appointing authorities' discretion over vacancy reporting under government policy.

JUDGMENT

[OP(KAT) Nos.482/2025, 496/2025 & 499/2025]

Muralee Krishna S., J.

The 2^nd applicant in O.A.No.1947 of 2021, the 1^st and 3^rd applicant in O.A.No.886 of 2021 and the 3^rd applicant in O.A.No.2181 of 2021 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram, (‘the Tribunal’ for short) filed these original petitions, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging the common order dated 03.04.2025 passed by the Tribunal in those original applications.

2. The applicants in the original applications are included in the ranked list dated 28.12.2018 for the post of UPSA (Malayalam Medium) in Alappuzha District, the selection of which was conducted pursuant to the notification dated 15.10.2014 of the Kerala Public Service Commission (‘the KPSC’ for short). As per G.O.(Rt)No.3287/2021/GEdn dated 06.07.2021, the Government has ordered that the staff fixation made in Government and Aided Schools for the year 2019-20 will continue for the academic years 2020-21 and 2021-22 in the background of Covid 19 Pandemic. According to the applicants, despite the existence of a large number of vacancies of UPSA (Malayalam Medium), the same are not being reported to the KPSC. The applicants plead that the amendment made to the Right of Children to Free and Compulsory Education Act, 2009 , as per GO(P)No.1/2021/GEdn dated 05.01.2021, is under challenge in various original applications before the Tribunal, wherein there is an interim order of status quo. Therefore, the vacancies of the Head Masters in various schools, including retirement vacancies, are being left vacant. In such circumstances, the applicants who are included in the ranked list of Alappuzha District are seriously prejudiced due to the non-reporting of the vacancies to the KPSC. The ranked list published by the KPSC expired on 27.12.2021. Before the expiry of the ranked list, the applicants filed the respective original applications under Section 19 of the Administrative Tribunals Act , seeking a direction against the Deputy Director of Education, Alappuzha, to report all existing vacancies of UPSA (Malayalam Medium) and also consequential vacancies of Head Master promotion and staff fixation, to the District Officer of the KPSC, Alappuzha, before the expiry of the ranked list. The applicants have also sought for a direction against the District Officer of the KPSC, Alappuzha, to issue advice memos against the vacancies reported, including the applicants from the ranked list and to direct the Deputy Director of Education, Alappuzha, to issue orders of appointment against the advised vacancies, including the applicants from the ranked list.

3. On behalf of the Deputy Director of Education, Alappuzha, reply statements and additional reply statements are filed in the original applications raising almost the same contentions. For convenience, we are referring to the reply statement dated 03.09.2021 and the additional reply statement dated 20.06.2024 filed on behalf of the Deputy Director of Education in O.A.No.886 of 2021. Paragraphs 6 to 11 of the reply statement dated 03.09.2021 filed on behalf of the Deputy Director of Education, Alappuzha read thus:

“6. It is humbly submitted that a total No: of 571 posts were sanctioned in the cadre of U.P. School Teachers (Malayalam Medium) during 2019-20 in Alappuzha revenue District. Cadre strength details of UP School Teachers durin