OP(KAT) Nos. 350 of 2018; 43 of 2019 & 111 of 2019 (Aliya S.N. v. Deputy Director of Education, Kerala Public Service Commission, State of Kerala, and Others)

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 7TH DAY OF AUGUST 2019 / 16TH SRAVANA, 1941** **OP(KAT).No.350 OF 2018** **AGAINST THE ORDER DATED 10.8.2018 IN O.A. 1924/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONER/ADDL. 6TH RESPONDENT IN THE O.A.:** **ALIYA S.N., AGED 27 YEARS W/O SHANAVAS, RESIDING AT S.N VILLA, KALLARA, KALLARA P.O, THIRUVANANTHAPURAM – 695 608.** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH** ## **RESPONDENTS/APPLICANTS 1 TO 29 & RESPONDENTS 1 TO 5 IN THE O.A.:** **1 AJEESH R.C, AGED 35 YEARS S/O RAVEENDRAN PILLAI, AJEESH BHAVAN, NETTETHARA,CHADAYAMANGALAM P.O, KOLLAM, KERALA 691534.** - **2 PRIYA P.V., AGED 34 YEARS, W/O.SUNIL KUMAR, NEAR VILLAGE OFFICE, KARIPOOR, KARIPOOR P.O, NEDUMANGAD, THIRUVANANTHAPURAM-695541,KERALA.** - **3 VIJI V.S, AGED 31 YEARS, W.O.VIJAYAN PADINJATTELA, MADAVOOR,PALLIKKAL.P.O, THIRUVANANTHAPURAM-695602,KERALA.** - **4 KAVITHA V.K, AGED 33 YEARS, W/O.JAYACHANDRAN,** - **V.K.BHAVAN,NEAR CRPF CAMP PALLIPPURAM, PALLIPPURAM P.O, THIRUVANANTHAPURAM-695316,KERALA.** **5 BEENA GEORGE, AGED 37 YEARS, W/O.BIJUMON, LISSY VILASOM,PUTHOOR.P.O,MYALAMKULAM, KOLLAM-691507,KERALA.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 2 - **6 CHITHRA KUMARI C., AGED 31 YEARS W/O.SIJU KUMAR, GOPI VILASOM, ARKKANNOOR.P.O,AYOOR,KOLLAM-691533,KERALA.** - **7 LETHA O.SOMAN, AGED 36 YEARS W/O.BIJU RAJAN, KSISHNAVILASOM,MARANGATTUKONAM,VALAKAM.P.O, KOTTARAKKARA,KOLLAM-691532.** - **8 RESMI.C.P AGED 36 YEARS W/O.GOPAKUMAR,GOKULAM,PANANGODU,VENGANOOR P.O, THIRUVANANTHAPURAM-695523,KERALA.** - **9 R.VISAKH AGED 33 YEARS PRIYANKA,MARAMCODE,PUKALKURI P.O, THIRUVANANTHAPURAM-695604,KERALA.** - **10 NAZEEHA S.F AGED 30 YEARS T.C.39/1209,ATTAKULANGARA,CHALAI P.O, THIRUVANANTHAURAM-695036,KERALA.** - **11 SANGEETHA S., AGED 34 YEARS W/O.JAYAN, JAYA BHAVAN, ADAYAMON P.O, THATTATHUMALA(VIA), THIRUVANANTHAPURAM-695614,KERALA.** - **12 SIMIRAJ V.G AGED 30 YEARS, W/O.AVINASH, ANUMANDIRAM,POOVATTOOR WEST, MAVADY.P.O,KOTTARAKKARA,KOLLAM-691507,KERALA.** - **13 JUBINA BEEGUM AGED 33 YEARS, W/O.ABDUL JABBAR, I.S.NIVAS,PATTATHINKARA,THONNAKKAL.P.O, THIRUVANANTHAPURAM-695317,KERALA.** - **14 SHYNI B., AGED 33 YEARS, W/O.SUBHASH, SOPANAM,THUMPODE,KALLARA P.O, THIRUVANANTHAPURAM-695608,KERALA.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 3 - **15 SREELEKSHMI L., AGED 28 YEARS D/O.LOHIDAS,PANACHAVILA,NELLICODE, VADASSERIKONAM P.O, THIRUVANANTHAPURAM-695143,KERALA.** - **16 SHERNA S, AGED 30 YEARS, W/O.SHAMEER, THODIYILVEEDU,ALTHARAMOODU P.O, NAGAROOR,THIRUVANANTHAPURAM-695102,KERALA.** - **17 RESMI S., AGED 35 YEARS, W/O. PRAMOD, T.C.50/275,PREETH NIVAS, KALADY SOUTH, KARAMANA P.O,THIRUVANANTHAPURAM-695002,KERALA.** - **18 ROJA RAVEENDRAN, AGED 27 YEARS W/O.PRADEEP, ABHILASH BHAVAN, KUDUMANKUZHY,PANGODE P.O,(KALLARA VIA), THIRUVANANTHAPURAM-695609,KERALA.** - **19 RAJALEKSHMY P., AGED 36 YEARS, W/O.SANTHOSH, RADHAMANDIRAM,AVANAVANCHERY P.O, ATTINGAL,THIRUVANANTHAPURAM-695103,KERALA.** - **20 ARCHANA V.R., AGED 36 YEARS, W/O.ANIL KUMAR, KARTHIKA, MOOTHALA.P.O,PALLEKAL,KILLIMANOOR, THIRUVANANTHAPURAM-695604,KERALA.** - **21 PREETHA K.V AGED 40 YEARS., W/O.HARI KUMAR, DEVIKRIPA,NALUMUKKU,VELLANAD,VELLANADU P.O, THIRUVANANTHAPURAM-695543,KERALA.** - **22 VIDYA S.NAIR., AGED 31 YEARS, D/O. SASIDHARAN NAIR, SREVIHAR,THAZHATHUKULAKKADA.P.O, KOTTARAKKARA,KOLLAM-691521,KERALA.** - **23 JESNA L. AGED 28 YEARS, W/O. SAJEED, BISMILLA MANZIL, MENAMKOTTUKONAM, KUTHIRAKULAM.P.O,VEMBAYAM, THIRUVANANTHAPURAM-695615,KERALA.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 4 - **24 LEENA P.S** **AGED 34 YEARS, W/O.CHRISTUDAS, C.L.NIVAS,KOLLAM VIA., SRA 21, MUTTADA P.O, THIRUVANANTHAPURAM-695025,KERALA.** - **25 GANGA R., AGED 38 YEARS, W/O.PRADEEP KUMAR, SAKTHI NIVAS, CHERIYATHOLICODE,DAIVAPPURA.P.O, PERINGAMMALA,THIRUVANANTHAPURAM-695584,KERALA.** - **26 SURYA PRIYADARSINI, AGED 27 YEARS, D/O. BAHULEYAN NAIR, SAKTHISTHAL,SASTHAVATTOM,KATTAIKONAM.P.O, THIRUVANANTHAPURAM-695584,KERALA.** - **27 SUDHA.S AGED 37 YEARS, D/O. RAVEENDRAN, KUMARI BHAVAN, VENNIYOOR,NELLIVILA.P.O, THIRUVANANTHAPURAM-695523,KERALA.** - **28 SEENATH BEEVI.S.S, AGED 36 YEARS, W/O. ABDUL JAWAD, CHIRAYIL VEEDU,PUTHUSSERI MUKKU P.O, KALLAMBALAM,THIRUVANANTHAPURAM-695605,KERALA.** - **29 REJI MOL.M AGED 32, W/O. MOHAMMED RAFI, REJI MANZIL, VELAMKONAM,ATTINGAL.P.O, THIRUVANANTHAPURAM-695101,KERALA.** - **30 THE DEPUTY DIRECTOR OF EDUCATION, JAGATHY,THIRUVANANTHAPURAM,KERALA-695014.** - **31 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM,THIRUVANANTHAPURAM-695004,KERALA.** - **32 THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM-695001,KERALA.** - **33 S.S.JAYADEV, S/O. SAHADEVAN, AGED 31 YEARS RESIDING AT KARTHIKA,COMPANY MUKKU, CHANGA P.O,VELLANADU, THIRUVANANTHAPURAM,KERALA-695542.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 5 **34 SHAMEENA BEEGUM, W/O. NAVAS, AGED 27 YEARS RESIDING AT SHA NIVAS, POTHENCODE, MANJAMALA P.O, THIRUVANANTHAPURAM,KERALA-695313.** **35 SAJINI J.D, AGED 37 YEARS, W/O. MANOHARAN M., NIKUNJAM, PULIVILA, PAYATTIVILA P.O, THIRUVANANTHAPURAM-695501.** **(R35 IS IMPLEADED AS PER ORDER DATED 15.11.2018 IN I.A. 2/2018 IN OP (KAT) 350/2018.)** **R6, R9, R10, R17, R18, R20, R21 & R23 to R26 by ADVS.SRI.P.RAVINDRAN (SR.) SRI.ANIL SIVARAMAN SMT.RAJI VINCENT R8, R11 & R12 BY ADVS.SRI.V.A.MUHAMMED SMT.K.S.SHARMILA R14 BY ADVS.SRI.ANIL SIVARAMAN SMT.RAJI VINCENT R30 BY SRI.ANTONY MUKKATH, GOVT.PLEADER (B/O) R31 & R32 BY SRI.P.C.SASIDHARAN, SC FOR PSC(B/O) R33 BY ADVS.SRI.T.P.DEYANANTHAN SRI.A.V.RAMAKRISHNA PANICKER SRI.S.KRISHNALAL R35 BY ADVS.SRI.K.J.SAJI ISAAC SRI.JITHIN SAJI ISAAC** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 06-08-2019, ALONG WITH OP(KAT).111/2019 & OP(KAT).43/2019, THE COURT ON 07-08-2019 DELIVERED THE FOLLOWING:** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 6 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 07TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941** **OP(KAT).No.43 OF 2019** **AGAINST THE ORDER DATED 10-08-2018 IN O.A 1852/2016 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/RESPONDENTS 5 TO 7:** **1 S.S.JAYADEV S/O.SAHADEVAN, AGED 33 YEARS, RESIDING AT 'KARTHIKA', COMPANY MUKKU, CHANGA P.O, VELLANADU, THIRUVANANTHAPURAM DISTRICT-695542. 2 SHAMEENA BEEGUM,W/O. NAVAS, AGED 29 YEARS RESIDING AT 'SHA NIVAS', POTHENCODE, MANJAMALA P.O, THIRUVANANTHAPURAM-694313. 3 ALIYA S.N AGED 27 YEARS W/O.SHANAVAS, RESIDING AT 'S.N. VILLA', KALLARA, KALLARA P.O, THIRUVANANTHAPURAM-695608.** **BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH** ## **RESPONDENTS/APPLICANTS & RESPONDENTS IN THE O.A.:** **1 R.ARUN S/O.RAVEENDRA KURUP, AGED 33 YEARS, RAVI VILLA, MULLARMCODE, MANAMPORE.P.O, OTTUR, THIRUVANANTHAPURAM-695611.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 7 - **2 R.MAHIMA, D/O. N.RAVEENDRA KURUP, AGED 29 YEARS RAVI VILLA, MULLARMCODE, MANAMPORE P.O, OTTUR, THIRUVANANTHAPURAM-695611.** - **3 THE STATE OF KERALA - REPRESENTED BY THE SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **4 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014.** - **5 THE DEPUTY DIRECTOR(EDUCATION) OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM.** - **6 THE KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O, THIRUVANANTHAPURAM-695004.** - **R1 & R2 BY ADVS.SRI.ANIL SIVARAMAN** - **SMT.RAJI VINCENT R3 TO R5 BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER R6 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 06.08.2019, ALONG WITH OP(KAT).350/2018 & OP(KAT).111/2019, THE COURT ON 07.08.2019 DELIVERED THE FOLLOWING:** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 8 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE V.CHITAMBARESH** ## **&** **THE HONOURABLE MR. JUSTICE ASHOK MENON** **WEDNESDAY, THE 07TH DAY OF AUGUST 2019 / 15TH SRAVANA, 1941** ## **OP(KAT).No.111 OF 2019** **AGAINST THE ORDER DATED 13.2.2019 IN R.A.NO.10/2019 AND THE ORDER DATED 10.08.2018 IN O.A.NO.1602/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** ## **PETITIONERS/REVIEW APPLICANTS IN O.A.:** **1 VRINDA C.V., AGED 28 YEARS W/O.SAJIKUMAR B., VRINDAVAN, EDACKODU, KORANI P.O., THIRUVANANTHAPURAM-695104.** - **2 JESSY A., AGED 29 YEARS W/O.SCELENE JOSE, JOSE BHAVAN, SASTHAMPARA, MANNORKONAM P.O., THIRUVANANTHAPURAM-695541.** - **3 SABITHA MOL R.K., AGED 27 YEARS W/O.SABEER A.S., SABITHA MANZIL, PALLIVETTA ARYANADU P.O., THIRUVANANTHAPURAM-695542.** **4 SUNITHA G., AGED 33 YEARS W/O.SANTHOSHKUMAR, MANIKANTA VILASAM, MYLACHAL, OTTASEKHARAMANGALAM P.O., THIRUVANANTHAPURAM-695125.** **5 THUSHARA S.NAIR, AGED 27 YEARS VISHNU BHAVAN, KALANGAL, MYLACHAL, KOVILUVILA DALUMUGHAM P.O., THIRUVANANTHAPURAM-695125.** **6 ASHA C., AGED 32 YEARS W/O.PRADEEPKUMAR G., ASHA BHAVAN, PULIYOORKONAM P.O., THIRUVANANTHAPURAM-695604.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 9 - **7 ANJU G.S., AGED 29 YEARS W/O.ARUN KUMAR, MURALEEDHARA VILASOM, NEDUMPANA P.O., KOLLAM-691576.** - **8 ABHILACHANDRAN C.L., AGED 29 YEARS W/O.RATHEESH R., THOTTARIKATHU VEEDU, THALLACHIRA MEMALA P.O., VITHURA, THIRUVANANTHAPURAM-695551.** - **9 SUMINA G.S., AGED 30 YEARS W/O.SAJEEVKUMAR R., G.S.BHAVAN, ANAVOOR P.O., THIRUVANANTHAPURAM-695124.** **BY ADVS. SRI.P.NANDAKUMAR SRI.S.ANEESH SMT.AMRUTHA SANJEEV** ## **RESPONDENTS/APPLICANT & RESPONDENTS IN O.A.:** - **1 SAJANI J.D., AGED 36 YEARS W/O.MANOHARAN M., NIKUNJAM, PULIVILA, PAYATTUVILA P.O., THIRUVANANTHAPURAM-695501.** - **2 THE DEPUTY DIRECTOR OF EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.** - **4 THE DISTRICT OFFICER, KERALA PUBIC SERVICE COMMISSION, DISTRICT OFFICE, THIRUVANANTHAPURAM-695001.** - **R1 BY ADVS.SRI.K.J.SAJI ISAAC DR.ELIZABATH VARKEY SRI.JITHIN SAJI ISAAC SRI.AJEESH EMMANUEL R2 BY SRI.ANTONY MUKKATH, GOVERNMENT PLEADER R3 & R4 BY SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP(KAT) HAVING BEEN FINALLY HEARD ON 06-08-2019, ALONG WITH OP(KAT).350/2018 & OP(KAT).43/2019, THE COURT ON 07-08-2019 DELIVERED THE FOLLOWING:** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 10 ## Judgment ## Chitambaresh, J. 1.The ranked list published for appointment to the post of Lower Primary School Assistant in Thiruvananthapuram District expired on 21.9.2016 and a fresh ranked list published on 28.12.2018. The original application was filed before the Tribunal to report the vacancies available to be filled up before the expiry of the ranked list and to advise the candidates for appointment. An interim order was passed therein on 6.9.2016 to provisionally report 275 vacancies and the Deputy Director of Education was impleaded as the first respondent. The issue boils down to the actual number of vacancies that could be reported before the expiry of the ranked list and the consequent advices for appointment. - 2.The Tribunal has in paragraph 8 of the impugned order stated as follows: “8. This statement however did not say anything about the documents produced by the applicants which were obtained under the Right to Information Act which show the existence of vacancies. Since the reply statement did not give a clear picture, the first respondent was directed to appear in person to OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 11 explain the position. But this also did not improve the situation as he could not satisfactorily explain the position regarding the reporting of vacancies and appointment of teachers.............” Again the Tribunal has in paragraph 12 of the impugned order stated as follows: “12. As rightly pointed out by the applicants the first respondent has not furnished the clear position regarding the vacancies and their reporting to the PSC. He has been taking different stands at least regarding the vacancies arose due to the staff fixation for the year 2016-17. It was contended that the staff fixation was ordered only in December, 2017 and it cannot have retrospective effect. Then it was stated that those vacancies were utilised for adjusting excess teacher. Later it was stated that those vacancies had been reported to the PSC as estimated vacancies and appointments made. All these statements are made when the information under the Right to Information Act stated that there were existing vacancies........” Thus no definite data could be made available either in person or by documents by the Deputy Director of Education as regards the actual number of vacancies available to be reported before the ranked list expired. OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 12 - 3.Nevertheless the Tribunal has concluded the number of vacancies at 169 as follows: “13. The claim of the applicants that there are 84 vacancies consequent on the 2016-17 staff fixation order seems to be acceptable, since it is supported by Annexure A23 to A55. 48 vacancies set apart for inter-departmental transfer could not be filled up for want of eligible hands and they should go to direct recruitment. The first respondent has admitted the existence of 37 vacancies. Thus it can be found that 169 (84+48+37) vacancies were existing on the expiry of Annexure A1 ranked list.” (emphasis supplied) But the 37 vacancies allegedly admitted to be in existence had already been reported to the Public Service Commission and not available to be filled up as noticed in paragraph 3 of the impugned order as follows: “3. In the reply statement dated 12.12.2016 filed by the first respondent it is admitted that 37 vacancies were existing and they have been reported to the PSC.”(emphasis supplied) Thus there is clear duplication at least as regards the 37 OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 13 vacancies available to be reported before the expiry of the ranked list and the vacancies have to be determined with exactitude in the circumstances. 4.There is merit in the contention that the Tribunal has relied on the answers elicited under the Right to Information Act instead of relying on the statements of the Deputy Director to decipher the vacancies. The vacancies have to be determined with reference to the teacher-pupil ratio and on the basis of the staff fixation orders (see Soumya v. State of Kerala [2018(4) KLT 1034(DB)]). Mr Antony Mukkath, Government Pleader very fairly submitted that he is unable to state the actual number of vacancies on the basis of the pleadings in the cases. The cadre strength has no relevance particularly in view of the abolition of posts every year and the vacancies allocable for direct recruitment to the extent of 65% deserve to be determined anew. - 5.The petitioners herein are candidates who find a place in the ranked list published on 28.12.2018 whose applications for impleadment or review have not been entertained by the Tribunal on flimsy reasons. Their specific case is that only a limited OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 14 number of vacancies were available to be reported before the expiry of the ranked list on 21.9.2016 for the candidates to be advised. It is their further case that the remaining vacancies ought to have been filled up from the ranked list published on 28.12.2018 wherein they very much find a place. The locus standi of the petitioners to get impleaded or to apply for review or to challenge those orders in an original petition is beyond dispute (see Prem Singh's case [1996] 4 SCC 319]). The petitioners are not parties to O.A.No.114/2015 disposed of by the common order impugned and hence the failure to challenge the same does not operate as res judicata. 6.Interest of justice would be met by setting aside the impugned order in so far as it relates to O.A.Nos.1924/2016, 1852/2016 and 1602/2016 and remitting the cases to the Tribunal. The petitioners shall be impleaded as additional respondents in the respective original applications and opportunity shall be extended to them to raise pleadings. Any one of the parties can take steps to implead the Director of Public Instructions who is a higher authority as additional respondent from whom the correct data shall be elicited. The Tribunal shall dispose of the case on the OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 15 basis of the inputs from the Director of Public Instructions and the documents produced in the light of the observations as above. The entire exercise shall be completed within a period of four months from the date of receipt of a copy of this judgment by the Kerala Administrative Tribunal. The original petitions are allowed. No costs. Sd/V. CHITAMBARESH, JUDGE Sd/ASHOK MENON, JUDGE Sha/060819 OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 16 ## **APPENDIX OF OP(KAT) 350/2018** ## **PETITIONER'S EXHIBITS:** - **EXHIBIT P1 TRUE COPY OF THE O.A.NO.1924 OF 2018 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM.** - **EXHIBIT P2 TRUE COPY OF THE M.A.NO.580/2018 FILED IN O.A.1924/2016 FOR IMPLEADING.** - **EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 30TH RESPONDENT DATED 12.12.2016.** - **EXHIBIT P4 TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 30TH RESPONDENT DATED 19.06.2018.** - **EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER HEREIN ALONG WITH THE OTHER RESPONDENTS DATED 30.03.2018.** - **EXHIBIT P6 TRUE COPY OF THE REJOINDER TO THE ADDITIONAL REPLY FILED BY THE APPLICANTS (RESPONDENTS 1 TO 29).** - **EXHIBIT P7 TRUE COPY OF THE M.A.NO.118/2018 FILED IN O.A.NO.1924/2016.** - **EXHIBIT P8 TRUE COPY OF THE ORDER NO.A4/1076/2016/DDE DATED 29.07.2016.** - **EXHIBIT P9 TRUE COPY OF THE APPOINTMENT CHART DOWNLOADED FROM THE WEBSITE OF THE PSC DATED 19.09.2016 EVIDENCING THE ADVICE OF 70 CANDIDATES.** - **EXHIBIT P10 TRUE COPY OF THE APPOINTMENT CHART DOWNLOADED FROM THE WEBSITE OF THE PSC DATED 30.09.2016 EVIDENCING THE ADVICE OF 94 CANDIDATES.** **EXHIBIT P11 TRUE COPY OF THE STATEMENT SHOWING THE DETAILS OF ADVICE/APPOINTMENTS MADE TO THE POSTS OF LPSA ISSUED BY THE 30TH RESPONDENT.** - **EXHIBIT P12 TRUE COPY OF THE ORDER DATED 10.08.2018 IN O.A.1924/2016 OF THE KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM.** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 17 **EXHIBIT P13** **TRUE PHOTOCOPY OF THE REPLY STATEMENT DATED 6.8.2018 FILED BY THE 1ST RESPONDENT IN O.A.NO.1924/2016.** **EXHIBIT P14 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK LIST NO.970/18/SSII PUBLISHED BY THE PSC FOR APPOINTMENT TO THE POST OF LPSA (MALAYALAM)** ## **RESPONDENTS'S EXHIBITS:** **EXHIBIT R23(A) TRUE COPY OF G.O.(MS) 6/2018 DATED 23.1.2018.** - **EXHIBIT R23(B) TRUE COPY OF COMMUNICATION DATED 13.05.2015.** - **EXHIBIT R23(C) TRUE COPY OF REPLY UNDER RTI ACT DATED 15.11.2018.** - **EXHIBIT R23(D) TRUE COPY OF REPLY OF PSC UNDER RTI ACT. EXHIBIT R23(E) TRUE COPY OF COMMUNICATION DATED 22.10.2018.** **EXHIBIT R3(F) TRUE COPY OF COMMUNICATION DATED 22.12.2018. EXHIBIT R23(G) TRUE COPY OF REPORT DATED NIL. EXHIBIT R33 A TRUE COPY OF THE ORDER IN O.A.NO.1382/2016 DATED 07.10.2016** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 18 ## **APPENDIX OF OP(KAT) 43/2019** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE O.A NO.1852 OF 2016 FILED BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.** - **EXHIBIT P2 TRUE COPY OF THE M.A NO.582/2018 FILED IN O.A. NO. 1852/2016 FOR IMPLEADING DATED 20.03.2018.** - **EXHIBIT P3 TRUE COPY OF THE M.A.NO.2640/2016 FILED BY RESPONDENTS 1 AND 2 FOR PRODUCING ADDITIONAL DOCUMENTS.** **EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 6TH RESPONDENT DATED 03.12.2016. EXHIBIT P5 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 5TH RESPONDENT ON DECEMBER, 2016. EXHIBIT P6 TRUE COPY OF THE REJOINDER FILED BY THE RESPONDENTS 1 AND 2 DATED 13.06.2018 TO EXT.P5 REPLY. EXHIBIT P7 TRUE COPY OF THE ORDER G.O(MS)NO.120/99/G.EDN.DATED 25.05.1999 EXHIBIT P8 TRUE COPY OF THE ORDER G.O(MS)NO.8/2009/G.EDN.DATED 20.01.2009. EXHIBIT P9 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 30TH RESPONDENT DATED 12/12/2016. EXHIBIT P10 TRUE COPY OF THE ADDITIONAL STATEMENT FILED BY THE 6TH RESPONDENT DATED 06.08.2018. EXHIBIT P11 TRUE COPY OF THE ORDER NO.A4/1076/2016/DDE DATED 29.07.2016 OF THE 6TH RESPONDENT. EXHIBIT P12 TRUE COPY OF THE ORDER G.O(MS)NO.95/2008/G.EDN.DATED 26.05.2008. EXHIBIT P13 TRUE COPY OF THE APPOINTMENT CHART OUT OF THE THREE BLOCKS DOWNLOADED FROM THE WEBSITE OF P.S.C** **EXHIBIT P14 TRUE COPY OF THE APPOINTMENT CHART OF THE THREE BLOCKS DOWNLOADED FROM THE WEBSITE OF P.S.C. EVIDENCING THE ADVICE OF 70+94** OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 19 ||**CANDIDATES FOR APPOINTMENT TO THE POST OF**| |---|---| ||**L.P.S.A FROM ANNEXURE-A1 RANKED LIST.**| |**EXHIBIT P15**|**TRUE COPY OF THE STATEMENT SHOWING THE**| ||**DETAILS OF ADVICE/APPOINTMENTS MADE TO THE**| ||**POST OF L.P.S.A. ISSUED BY THE 6TH**| ||**RESPONDENT.**| |**EXHIBIT P16**|**TRUE COPY OF THE ORDER DATED 10.08.2018 IN**| ||**O.A NO.1852/2018.**| OP(KAT).Nos.350 of 2018, 43 of 2019 & 111 of 2019 20 ## **APPENDIX OF OP(KAT) 111/2019** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1 TRUE COPY OF ORDER DATED 13.02.2019 IN M.A.NO.318 OF 2019 IN R.A.NO.10 OF 2019. EXHIBIT P2 TRUE COPY OF ORDER DATED 13.02.2019 IN R.A.NO.10 OF 2019. EXHIBIT P3 TRUE COPY OF REVIEW APPLICATION ALONG WITH M.AS. EXHIBIT P3 A M.A. TO JOIN TOGETHER. EXHIBIT P3 B M.A.NO.318 OF 2019 SEEKING LEAVE TO FILE REVIEW. EXHIBIT P4 TRUE COPY OF ORIGINAL APPLICATION. EXHIBIT P5 TRUE COPY OF RELEVANT EXTRACT OF RANKED LIST DATED 28.12.2018. EXHIBIT P6 TRUE COPY OF M.A.NO.2395 OF 2017. EXHIBIT P7 TRUE COPY OF REPLY STATEMENT FILED BY THE 2ND AND 3RD RESPONDENTS IN O.A. EXHIBIT P8 TRUE COPY OF REPLY STATEMENT FILED BY THE DDE, THIRUVANANTHAPURAM. EXHIBIT P9 TRUE COPY OF STATEMENT FILED BY THE DDE, THIRUVANANTHAPURAM.**