The High Court's supervisory jurisdiction under Article 227 cannot replace the tribunal's findings unless there is manifest error or injustice.

JUDGMENT

Muralee Krishna, J.

The applicants in O.A.No.1100 of 2021 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.P19 order dated 22.01.2026 passed by the Tribunal in that original application.

2. The petitioners filed O.A.No.1100 of 2021, invoking the provisions under Section 19 of the Administrative Tribunals Act , 1985, seeking the following reliefs;

“(i) To issue an order or direction to the 2^nd respondent to report 43 vacancies of HSA (Social Studies) to the 3^rd respondent so as to advice the candidates from Annexure A1 ranked list for appointment as HSA (Social Studies). To issue a further declaration that the applicant is eligible to apply for the post.

(ii) To issue an order or direction to the 2^nd respondent to issue appointment orders to the candidates advised by the 3^rd respondent for appointment as HSA (Social Studies) in Thiruvananthapuram district.

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(iv) To call for the records leading to Annexure A9 and to quash Annexure A9 as it is illegal and arbitrarily issued in violation of Articles 14 and 16 of the Constitution”.

3. As per the pleadings in the original application, the petitioners are included in Annexure A1 ranked list, which came into force on 17.09.2018, published by the Kerala Public Service Commission (‘KPSC’ for short) for the post of HSA (Social Studies) in Thiruvananthapuram district. According to the petitioners, even though 43 vacancies are available under the direct recruitment quota, the Deputy Director of Education is not reporting those vacancies. The attempt of the Deputy Director of Education is to prolong the matter till the expiry of the validity of the ranked list. It is also the case of the petitioners that inter-district transfers are effected in excess of their quota, and staff fixation orders for the last two years have not been made. In addition to the above, six vacancies on deputation and promotion are also available.

4. On 09.09.2021, when the original application came up for consideration, the Tribunal by noting that Annexure A1 ranked list will expire on 16.09.2021 and any further delay would adversely affect the interest of the petitioners, passed Ext.P2 interim order, directing the Deputy Director of Education to provisionally report 25 vacancies of HSA (SS) Malayalam Medium in the district to the District Officer of the KPSC, at any rate, before the close of office hours on 14.09.2021. In the said order, it was made clear by the Tribunal that PSC need not issue advice against the provisionally reported vacancies until further orders by the Tribunal.

5. In the original application, on behalf of the 2^nd respondent, several reply statements and additional reply statements were filed opposing the reliefs sought for. On behalf of the 3^rd respondent, a reply statement dated 09.09.2021 was filed in the original application opposing the reliefs sought for. To the reply statements filed by the 2^nd and 3^rd respondents, the petitioners filed rejoinders also. Apart from Annexures A1 to A10 documents produced along with the original application, the petitioners subsequently produced Annexures A11 to A19 documents before the Tribunal. After hearing both sides, the Tribunal, by the impugned Ext.P19 order dated 22.01.2026, dismissed the original application along with another original appli