The court held that petitioners were ineligible for Ayurveda Therapist posts as the positions were created after the expiration of their ranked lists, reaffirming the limits of the High Court's supervisory jurisdiction.

JUDGMENT

Anil K. Narendran, J.

The petitioners are the applicants in O.A.Nos.181 of 2022 and 183 of 2022 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, filed invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking a declaration that inaction on the part of the respondents in identifying and allocating 4 posts of Ayurveda Therapists in Ayurveda Medical Education Department, Homeo Department, etc., (AYUSH Department) from among 300 posts sanctioned in Annexure A2 Government order dated 19.02.2021 for Pathanamthitta District [O.A.No.181 of 2022] and 8 posts for Kottayam District [O.A.No.183 of 2022] and reporting the same for advice and appointment is in violation of the fundamental rights guaranteed to the applicants under Articles 14, 16, 19 and 21 of the Constitution of India ; an order directing respondents 1 to 3 to identify and allocate 4 posts of Ayurveda Therapists from among 300 posts sanctioned in Annexure A2 for Pathanamthitta District [O.A.No.181 of 2022] and 8 for Kottayam District [O.A.No.183 of 2022] and report the same for advice and appointment; and an order directing the 4^th respondent District Medical Officer to report 4 vacancies of Ayurveda Therapists for advice and appointment from Annexure A1 ranked list in O.A.No.181 of 2022 before its expiry on 26.02.2022 and 8 vacancies from Annexure A1 ranked list in O.A.No.183 of 2022 before its expiry on 06.03.2022.

2. The petitioners-applicants were included in Annexure A1 ranked list published by the Kerala Public Service Commission for recruitment to the post of Ayurveda Therapists in the Indian Systems of Medicine. The ranked list in O.A.No.181 of 2022 came into effect from 27.02.2019 and that in O.A.No.183 of 2022 came into force from 07.03.2019. In the original applications, the applicants placed reliance on Annexure A2 order dated 19.02.2021 issued by the 1^st respondent State, whereby 2799 posts were sanctioned in principle for strengthening the Health Department in the State of Kerala, out of which 300 posts are under AYUSH Department. The said Government order reads thus;

(underline supplied)

3. The document marked as Annexure A3 is a copy of the Government order dated 01.11.2016, whereby 10 posts of Therapists were created in the hospitals under Ayurveda College, Thiruvananthapuram.

4. Before the Tribunal, the 3^rd respondent Director of Indian Systems of Medicine filed a statement dated 23.02.2022 in O.A.No.181 of 2022. Paragraph 4 of that statement reads thus;

“4. It is respectfully submitted that Government have accorded in principle approval for the sanction of 300 posts in AYUSH Department as per the Government Order G.O.(Rt)No.52/2021/H&FWD dated 19.02.2021. The Department of Indian Systems of Medicine is one among many departments under AYUSH viz., Ayurveda Medical Education Department, Homeo Department, etc. and hence it cannot be concluded that the newly sanctioned 300 posts are solely for Indian Systems of Medicine Department. Moreover District wise, Institution wise, Category wise details of this 300 new posts are not included in said Government Order. In the light of this Government Order, Indian Systems of Medicine Department forwarded detailed proposal for 222 posts in various categories with a financial commitment of Rs.84,60,244/- per month on 27.07.2021. Out of this 222 newly recommended posts, 80 posts are for Therapist in various hospitals across the State, in which 4 posts of Threpaist are recommended for Pathanamthitta District viz. Government Ayurveda Hospital, Kadampanad, Government Ayurveda Hospital, Angad