OP(KAT) No.345 of 2019
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- V. Chitambaresh
- Ashok Menon
- Judgment Date
- 2019-08-30
- Court Decision / Holding
- The Original Petition is disposed of. The first respondent shall forthwith report vacancies, if any, to the second respondent and shall fax this judgment to the concerned Departmental Heads of each district. The petitioners’ prayer to extend the life of the ranked list is declined; no further reliefs can be granted under the circumstances. The judgment relies on Subina v. State of Kerala to support the proposition that extending the life of a ranked list is not permissible in the present context.
- Final Disposition
- Original Petition disposed of, with directions to report vacancies and no extension of the ranked list.
Parties to the Case
Appellants / Petitioners
- PRASEENA.C.P
- SHIJI K.V
- PRAJEESH N
- LEEBA P
- SEENAMOL P.M
- MANJULA K
- RAMADAS K.C
- SUDHA P.S
- KAVITHA M J
- SANTHOSH KUMAR P.A
- VINEETHA G V
- SHYNY S A
- UNISE BASHEER K
- RAFEK R
Respondents
- STATE OF KERALA represented by the Secretary to Government, Department of Personal and Administrative Reforms, Secretariat, Thiruvananthapuram 695 001
- KERALA PUBLIC SERVICE COMMISSION, represented by its Secretary, Pattom, Thiruvananthapuram 695 004
Legal Representation & Advocates
Counsels for Petitioners
- • K. Ramakumar ( Sr. ) Advocate
- • T. H. Aravind
Counsels for Respondents
- • Antony Mukkath - Sr. GP for R1
- • P. C. Sasidharan - SC for R2
Case Synopsis & Summary
This Original Petition (OP(KAT) No.345 of 2019) before the Kerala High Court at Ernakulam arises from an order/judgment in OA No.1401/2019 of the Kerala Administrative Tribunal, Thiruvananthapuram. Fourteen petitioners, listed by name in the heading, challenge the validity of the ranked list used for recruitment to the post of LD Typist across various departments of the State. The core grievance is that the ranked list expires on 31 August 2019, and the petitioners seek extension of the list’s life and an order directing the first respondent to report vacancies to the competent authorities so that posts can be filled without disenfranchising eligible candidates. They rely on the need to preserve opportunities for recruitment while vacancies exist. At the hearing, the petitioners argued that extending the validity would prevent loss of candidates and allow timely filling of posts. The first respondent (State) and the Kerala Public Service Commission opposed extension, arguing that the ranked list has a finite life and relief to extend it is unwarranted. The High Court, after considering the submissions, held that no extension could be granted and that the life of the ranked list should stand as prescribed. It directed the first respondent to report vacancies forthwith and to communicate the judgment to departmental heads. The petition is disposed of accordingly, citing Subina v. State of Kerala to support the line of reasoning.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that the ranked list for appointment to the post of LD Typist in the various departments of the State expires on 31.08.2019. They prayed for extension of the life of the ranked list and for the first respondent to report vacancies so that posts can be filled without disenfranchising competent candidates. They relied on prior orders and the principle of preserving recruitment opportunities pending vacancies.
Contentions of Respondents
The respondents argued that the ranked list has a finite validity and cannot be extended beyond its statutory period. They submitted that extending the life of the ranked list would set an improper precedent and that no relief should be granted beyond the established dates. They relied on the existing recruitment framework and urged the Court to uphold the Tribunal’s view that extensions are not permissible.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Subina v. State of Kerala | 2019 (3) KLT 375 (DB) | Positive | The Court cites this authority to hold that extending the life of the ranked list is not permissible under the facts and law before it. |
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