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2026 Supreme(Online)(Ker) 15702

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K. Narendran, Muralee Krishna S., JJ
Sunitha P – Appellant
Versus
State of Kerala – Respondent
OP(KAT) No. 78 of 2026|OA (EKM) No.245 of 2026



Advocates:
For the Appellants/Petitioners: SHRI.SHYAM PADMAN (SR.), SMT.LAYA MARY JOSEPH, SHRI.C.M.ANDREWS, SMT.ASHWATHI SHYAM, SMT.SWATHY SUDHIR, SHRI.SHIMLEEL IBRAHIM T., SMT.S.ANUPAMA
For the Respondents: SRI. P.C. SASIDHARAN, SC, KPSC, SR.GP, SMT. PRINCY XAVIER

High Court's Article 227 supervisory jurisdiction over tribunals is limited to grave errors or manifest injustice, not appellate review of interim orders.

Headnote:Article 227 of the Constitution of India confers supervisory jurisdiction on High Courts over tribunals to ensure they act within legal bounds, without appellate interference. Candidates challenged probability lists and ranked lists for Field Worker posts due to alleged illegal cut-off marks applied by the Public Service Commission, contrary to notification rules, seeking widened lists without cut-offs. The Tribunal, on first admission hearing, directed filing of reply and posted the matter after three weeks. Court found no patent perversity, grave dereliction, or violation of natural justice by Tribunal, limiting Article 227 intervention. Main issue: Scope of High Court's supervisory power under Article 227 over Tribunal's interim proceedings. Ratio: Supervisory jurisdiction is minimal, exercised only for grave errors, flagrant abuse of law, or manifest injustice; not to correct all errors or act as appeal, maintaining judicial machinery's efficiency (relied on Shalini Shyam Shetty v. Rajendra Shankar Patil, Jai Singh v. Municipal Corporation of Delhi, K.V.S. Ram v. Bangalore Metropolitan Transport Corporation, Sobhana Nair K.N. v. Shaji S.G. Nair). Original petition dismissed on maintainability; legal and factual contentions left open.

Table of Content
1. challenges to cut-off marks in probability lists for field worker recruitment. (Para 1 , 2 , 3)
2. arguments on merits and maintainability of petition. (Para 4 , 5)

The applicants in O.A.(EKM)No.245 of 2026 are before this Court in this original petition filed invoking the supervisory jurisdiction under Article 227 of the Constitution of India , seeking an order directing the 3rd respondent Kerala Public Service Commission to provisionally widen the probability list drawn pursuant to Annexure A1 notification dated 31.12.2019 issued inviting applications for the post of Field Worker in the Health Services Department (Category No.546/2019), without prescribing any cut-off marks, so as to ensure that no notified vacancy is remained unfilled on account of premature exhaustion of the ranked list. The interim relief sought for in this original petition, i.e., O.P.(KAT)No.78 of 2026, is an order to stay all further advice, appointment and consequential actions pursuant to the probability list published under Annexure A6 series and final ranked list published under Annexure A7 series and Ext.P3 ranked list, pending disposal of this original petition.

2. The petitioners-applicants, who are candidates for the post of Field Worker in the Health Services Department, pursuant to Annexure A1 notification dated 31.12.2019 issued by the Kerala Public Service Commission, filed O.A.(EKM)No.245 of 2026 before the Kerala Administrative Tribunal, Additional Bench at Ernakulam, invoking the provisions under Section 19 (1) of the Administrative Tribunals Act, 1985 , seeking the following reliefs and interim reliefs:

“(i) To declare that the fixation and application of cut-off marks by the 3rd respondent Commission at the stage of preparation of the Probability Lists for the post of field worker is illegal, arbitrary, and unsustainable in law, being dehors the notification and the governing rules;

(ii) To quash Annexure A6 to Annexure A6(b) probability lists prepared for the post of field worker in so far as they are based on unauthorised cut-off marks and have the effect of illegally excluding otherwise eligible and meritorious candidates, including the Applicants;

(iii) To quash Annexure A7 and Annexure A7(a) final ranked lists published for the post of field worker in Kasaragod district with effect from 19.01.2026 and in Pathanamthitta district with effect from 30.01.2026, being consequentially vitiated as having been prepared solely from the illegal and arbitrary probability lists under Annexure A6 and Annexure A6(b);

(iv) To direct the 3rd respondent Commission to prepare fresh probability lists for the post of field worker by widening the list, without prescribing or applying any cut-off marks.

(v) To direct the 3rd respondent Commission to publish revised and widened probability lists and thereafter prepare fresh final ranked lists for the concerned districts after granting due consideration to the applicants, in accordance with law;

(vi) To declare that the applicants are entitled to be considered for inclusion in the widened probability lists and the consequential final Ranked lists for the post of field worker;

Interim Relief:-

(i) Stay all further advice, appointment, or issuance of appointment orders to the post of field worker pursuant to the Annexure A7 and Annexure A7(a) final ranked lists published for Kasaragod and Pathanamthitta districts, respectively;

(ii) Restrain the 3rd respondent Commission from publishing or giving effect to any final ranked lists for the post of field worker in Thrissur district, based on Annexure A6(a) Probability List published for Thrissur district, during the pendency of this original application.”

3. Though the original application was presented before the Tribunal on 09.02.2026, after curing the defects noted by the Registry of the Tribunal, the same was taken on file on 16.02.2026. As evident from Ext.P2 case status, the original application came up for admission before the Tribunal on 17.02.

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