High Court of KeralaDivision BenchOriginal Petitions dismissed.

OP(KAT) Nos. 47 of 2022 & 49 of 2022, High Court of Kerala

Case / Petition Number:OP(KAT) 47 of 2022; OP(KAT) 49 of 2022
Neutral Citation:/null

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • The Honourable Mr. Justice Alexander Thomas
  • The Honourable Mr. Justice Viju Abraham MONDAY
Judgment Date
2022-02-21
Court Decision / Holding
The petitions (OP(KAT) Nos. 47/2022 and 49/2022) are dismissed. The High Court notes that two additional vacancies were already provisionally reported by the appointing authority to the PSC in compliance with the Tribunal’s interim order, and it declines to overrule the Tribunal’s well-considered approach. It reiterates adherence to KS&SSR Part II Rules and Supreme Court dicta to avoid impermissible interim expansion of vacancies.
Final Disposition
Original Petitions dismissed.

Parties to the Case

Appellants / Petitioners

  • Afsal Mon
  • Ajnas K. C.
  • Mohammed Muneeruddin K. V.
  • Muhammed Kabeer M.
  • Ahammed Saleem A.K.
  • Raseena R.
  • Riswana Rahim
  • Ruksana Hakkeem

Respondents

  • State of Kerala represented by Secretary to Government, Department of General Education, Secretariat, Thiruvananthapuram
  • Director of General Education, Directorate of General Education, Jagathy, Thiruvananthapuram
  • Deputy Director of Education, Office of the Deputy Director of Education, Alappuzha
  • Kerala Public Service Commission represented by the Secretary, Kerala Public Service Commission, Pattom, Thiruvananthapuram
  • District Office, Kerala Public Service Commission, Alappuzha

Legal Representation & Advocates

Counsels for Petitioners

  • • Kaleeswaram Raj
  • • Varun C.
  • • Vijay Thulasi
  • • K. Raj

Counsels for Respondents

  • • Sri. Saigi Jacob Palatty, Sr. Govt. Pleader
  • • Sri. P.C. Sasidharan, SC, KPSC

Case Synopsis & Summary

This common judgment disposes of two OP(KAT)s arising from interim orders of the Kerala Administrative Tribunal, Thiruvananthapuram, concerning vacancies to be provisionally reported to the Kerala Public Service Commission for Arabic language teaching posts in Alappuzha District. The petitioners in OA Nos. 246/2022 and 244/2022 (the applicants) had been placed in Anx. A-1 ranked lists (2019) for Full Time and Part Time Junior Language Teachers (Arabic). They challenged the Tribunal’s interim ruling restricting reporting to two vacancies, contending that many substantive vacancies remained unreported, and that COVID-19 disruptions had delayed staff fixation; hence more vacancies should be provisionally reported before the expiry of the ranked list on 21.2.2022. The respondents argued that the district’s sanctioned strength and already reported vacancies justified the directive; the Department’s staff fixation measures and the lack of credible materials (Exts. A-2 to A-6) undermined the petitioners’ claims, and that Rule 14(f) and Rule 15(a) KS&SSR Part II bar speculative additions. The court acknowledged the arguments but, recalling the Supreme Court’s dictum in Director of Indian Systems of Medicine & Anr. v. Dr. Susmi C.T. & Anr. and the need to avoid ad hoc interim directions, dismissed both petitions, noting that two additional vacancies had already been provisionally reported and that the tribunal’s position was not overruled by the High Court.

Provisions of Law Cited

KS&SSR Part II Rule 14(f)KS&SSR Part II Rule 15(a)

Legal Doctrines & Maxims

  • Soumya.M.R. & Ors. v. State of Kerala & Ors., 2018(5) KHC 618 (DB) - Mentioned Only
  • Director of Indian Systems of Medicine & Anr. v. Dr.Susmi C.T. & Anr., 2021 SCC Online SC 1188 - Positive

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that beyond the two vacancies reported by the Tribunal, substantive vacancies exist and should be reported to PSC. They rely on the final Anx. A-1 rank list (2019) and argue that staff fixation delays due to the COVID-19 pandemic justify reporting additional vacancies (at least eight more), citing the need to align vacancies with the student-teacher ratio and to preserve the validity of the ranked list before expiry. They invoke the dictum from Soumya.M.R. (DB) regarding vacancy reporting and reliance on provisional charts (Rule 14(f) KS&SSR Part II). They also urge adherence to Rule 15(a) KS&SSR Part II and the currency of the ranked list.

Contentions of Respondents

The respondents submit that the total sanctioned strength (49 posts in Alappuzha) and 38 filling posts leave only 11 vacancies, already reported as 9 for direct recruitment and 2 for by-transfer, with remaining 8 set aside for NCA due to non-availability of other reserved-turn candidates. They emphasize staff fixation issues, the lack of credible material (Exts. A-2 to A-6), and that belated fixation cannot automatically create new vacancies. They caution against interim directions contrary to KS&SSR Part II Rules and the Supreme Court’s dictum in Dr. Susmi C.T., arguing for restraint in issuing directions to report vacancies prematurely and for considering existing vacancies and NCA/muslim reserved turns.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Soumya.M.R. & Ors. v. State of Kerala & Ors.2018(5) KHC 618 (DB)Mentioned OnlyCited for reliance by petitioners; court does not apply its holdings to direct a grant of additional vacancies.
Director of Indian Systems of Medicine & Anr. v. Dr.Susmi C.T. & Anr.2021 SCC Online SC 1188PositiveSupreme Court dictum cited to caution against issuing interim directions to report vacancies and to respect tribunal decisions.

Diagnostic Tool

Beta

Does this judgment govern your specific facts?

Don't risk relying on a distinguishable precedent. Enter your facts or proposition below. We will test it against OP(KAT) Nos. 47 of 2022 & 49 of 2022, High Court of Kerala and instantly map out authorities that support, challenge, or govern your position.

Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943 OP(KAT) NO. 47 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OA 246/2022 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/S:** - **1 AFSAL MON V. T. AGED 30 YEARS S/O. SAIDALAVI, VAZHANTHODI (H), VALAVANNUR P. O., MALAPPURAM - 676551.** - **2 AJNAS K. C. AGED 24 YEARS S/O. ABDURAHIMAN K. C., KUNNOTH CHALIL (H), RAMALLUR, KAKKOOR P. O., CALICUT - 673613.** - **3 MOHAMMED MUNEERUDDIN K. V. AGED 32 YEARS S/O. MUHAMMED, KADUVETTIYIL, MANAKKAD, P. O. KALADI, MALAPPURAM - 679582.** - **4 MUHAMMED KABEER M. AGED 40 YEARS S/O. MYDHEEN KUNJU, VALEL KIZHAKKATHIL, KADATHOOR, K. S. PURAM P. O., KOLLAM - 691544. BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ** ## **RESPONDENT/S:** **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.** OP(KAT) 47 & 49/2022 - : 2 :- - **2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.** - **3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA - 688001.** - **4 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM - 695 004.** - **5 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA - 688012.** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.P.C.SASIDHARAN, SC, KPSC** **THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME UP FOR ADMISSION ON 21.02.2022, ALONG WITH OP(KAT).49/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) 47 & 49/2022 - : 3 :- ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** ## **&** **THE HONOURABLE MR.JUSTICE VIJU ABRAHAM** **MONDAY, THE 21[ST] DAY OF FEBRUARY 2022 / 2ND PHALGUNA, 1943** **OP(KAT) NO. 49 OF 2022** **AGAINST THE ORDER/JUDGMENT IN OA 244/2022 OF KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM** **PETITIONER/S:** - **1 AHAMMED SALEEM A.K., AGED 40 YEARS S/O. ZAINUDHEEN, MASLAM HOUSE, MUTHUPARAMBA P.O., MALAPPURAM -673638.** - **2 RASEENA R., AGED 27 YEARS W/. SHAJEER A., THAZHCHAYIL, KAKKAZHAM P.O., ALAPPUZHA-688005.** - **3 RISWANA RAHIM, AGED 25 YEARS W/O. SHEHIN, RAMSANA MANZIL, PALAMEL, ATHIKKATTUKULANGARA P.O., ALAPPUZHA-690504.** - **4 RUKSANA HAKKEEM, AGED 28 YEARS W/O. SAMEER, PUTHENKANDATHIL, KOTTUKULANGARA, KAYAMAKULAM-690502.** **BY ADVS. KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ** OP(KAT) 47 & 49/2022 - : 4 :- ## **RESPONDENT/S:** - **1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.** - **4 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM695004.** - **5 DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ALAPPUZHA-688012.** ## **OTHER PRESENT:** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.P.C.SASIDHARAN, SC, KPSC** ## **THIS OP (KERALA ADMINISTRATIVE TRIBUNAL) HAVING COME** **UP FOR ADMISSION ON 21.02.2022, ALONG WITH OP(KAT).47/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) 47 & 49/2022 - : 5 :- ## **ALEXANDER THOMAS & VIJU ABRAHAM, JJ.** ================== O.P(KAT) No. 47 of 2022 _[Arising out of the interim order dated 16.2.2022 in O.A.No. 246/2022 on the file of of the KAT, TVM Bench]_ & ## O.P(KAT) No. 49 of 2022 _[Arising out of the interim order dated 16.2.2022 in O.A.No. 244/2022 on the file of of the KAT, TVM Bench]_ ================== Dated this the 21[st] day of February, 2022 **J U D G M E N T** ## **ALEXANDER THOMAS, J.** As the issues raised in the above Original Petitions are broadly similar in nature, the same are disposed of on the basis of this common judgment. ## O.P(KAT) No. 47 of 2022 2. The petitioners herein, who are the applicants in O.A.No. 246/2022 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench, are aggrieved by the impugned interim order dated 16.2.2022 rendered by the Tribunal in that O.A., whereby the Tribunal has restricted the number of vacancies to be provisionally reported by the appointing authority to the respondent PSC as only 2 vacancies in the post of Full Time Junior Language Teacher (Arabic) in Alappuzha District before the expiry of the ranked list on 21.2.2022. The petitioners herein/applicants in the OA, would contend that over and above the said 2 vacancies, the Tribunal should OP(KAT) 47 & 49/2022 - : 6 :- have directed the appointing authority to report at least 8 more vacancies in the abovesaid post. It is on this account that the applicants have approached this Court by filing the above O.P. 3. Heard Sri.Kaleeswaram Raj, learned Advocate instructed by Sri.Varun C.Vijay, learned counsel appearing for the petitioners in the OP/applicants in the OA, Sri.Saigi Jacob Palatty, learned Senior Govt. Pleader appearing for official respondents 1 to 3 in the OP/ R-1 to R-3 in the O.A. and Sri.P.C.Sasidharan, learned Standing Counsel for the PSC appearing for R-4 & R-5 in the OP/R-4 & R-5 in the OA. 4. According to the petitioners, they have participated in the selection process in pursuance of the selection notification issued by the respondent Kerala Public Service Commission for selection to the post of Full Time Junior Language Teachers (Arabic) in Lower Primary schools in Alappuzha District and that after due process of selection, they have been included in Anx.A-1 ranked list dated 22.2.2019 finalised by the respondent PSC for the abovesaid selection and that the currency of Anx.A-1 rank is to expire on 21.2.2022 (today). 5. The main grievance projected by the petitioners in the O.A. before the Tribunal was that very many vacancies, which are OP(KAT) 47 & 49/2022 - : 7 :- substantive in nature, have not been reported by the appointing authority to the respondent PSC in the category of Full Time Junior Language (Arabic) Teacher in LP Schools in Alappuzha District. Further that the main ground on the basis of which the respondent departmental authorities had refused to report such additional vacancies is only on the ground that staff fixation of schools for the previous academic year 2020-21 and for the present academic year 2021-22 had not been duly conducted by them on account of Covid 19 pandemic issues and that they are now following the staff fixation order for the academic year 2019-20. Further that if the staff fixation is later done, it would show more vacancies, going by the teacherstudent ratio and it is by now well-established that even if staff fixation is conducted belatedly, the same will be effective from 15[th] of July of the academic year concerned. In that regard, the petitioners would place reliance on the dictum laid down by a Division Bench of this Court in the case in _**Soumya.M.R. & Ors. v. State of Kerala & Ors.**_ 2018(5) KHC 618 (DB). 6. The Tribunal after hearing both sides has noted the submission of the learned Government Pleader appearing for the official respondents that the total sanctioned strength of the posts in OP(KAT) 47 & 49/2022 - : 8 :- Alappuzha District is 49 posts, out of which 38 regular hands are now in position and that all the remaining 11 vacancies have already been reported; 9 for direct recruitment and 2 for by-transfer appointment and further that out of the 9 vacancies so reported for direct recruitment, PSC has already advised one candidate and all the remaining 8 vacancies have been set apart for fresh notification for NCA inasmuch as the candidates belonging to the backward class turns concerned were not available in the instant ranked list. The applicants then sought for an interim order of the Tribunal that at least 21 more vacancies should be reported. The said plea was opposed by the departmental authorities and the Tribunal has noted that the departmental authorities are conceding 11 vacancies, whereas the applicants are pressing for 13 vacancies and that to resolve the said dispute, the Tribunal has invoked its discretion and has directed that as per the impugned interim order rendered on 16.2.2022, 2 more vacancies in the abovesaid post may be provisionally reported by the appointing authority to the respondent PSC so as to reach respondent PSC office on or before 21.2.2022, etc. The learned Senior Govt. Pleader would now apprise us that though the said 2 vacancies are not in existence, for the purpose of the compliance of OP(KAT) 47 & 49/2022 - : 9 :- the abovesaid interim order passed by Tribunal, the departmental authorities have already reported 2 vacancies provisionally to the PSC on 19.2.2022. Further, the learned Senior Govt. Pleader would point out that there are no more vacancies to be reported and that the contentions of the petitioners based on staff fixation, etc. are not tenable and that the Government has taken the firm stand that in view of Covid 19 pandemic issues and as the classes for the last two academic years were mainly conducted only through online mode, and the students are not physically attending the classes for a very long time, except during one month or so, it may not be able to conduct staff fixation and at any rate, the present stand is that the staff fixation for the academic year 2019-20 is to be taken into account, etc. 7. The main contention urged by the petitioners to canvass for the proposition that there are more additional vacancies going by the student-teacher ratio, if the staff fixation is done, etc. is on the basis of Anxs.A-2 to A-6 and Exts.P3 to P-8. At the outset we take note of the objections of the respondents that Exts.P-3 to P-8 are documents, which were never produced by the applicants before the Tribunal and for the first time, it has been produced before this Court. OP(KAT) 47 & 49/2022 - : 10 :- Hence we will not be justified if we examine such documents, which were never produced before the Tribunal. Moreover, we note that the ranked list in this case came into force as early as on 22.2.2019 and the petitioners knew very well that the maximum currency of the ranked list would be only upto 3 years or so and as already held by us in the judgment dated 5.1.2022 in O.P(KAT) No. 2/2022 arising out of O.A.(EKM) No. 1977/2021 that in cases of nature, the litigants will have to approach the Tribunal or the competent court, as the case may, at least 8 to 10 months prior to the expiry of the ranked list and further that they should also produce the provisional appointment chart/appointment chart published by the PSC in the official website as mandated in Rule 14(f) of KS&SSR Part II and to apprise the Tribunal/court as the case may be, as to how may many vacancies may be required to be reported so as to appropriately reach the turns of the applicant litigants, etc. Further that strong materials should also have been produced by the parties to show the existence of the vacancies. In the absence of strong and credible materials, the judicial review courts may not be justified in issuing such interim directions to report vacancies provisionally, etc. 8. In the instant case, we note that the original application OP(KAT) 47 & 49/2022 - : 11 :- has been filed only as late as on 8.2.2022 even though the applicants knew very well that the ranked list will expire on 21.2.2022. 9. We have also examined the contentions sought to be raised by the applicants on the basis of Anxs. A-2 to Anx. A-6. We had repeatedly asked both sides as to how the applicants would establish about additional vacancies, if staff fixation for 2021-22 is done later. We did not find any cogent materials in Anxs. A-2 to A-6 to come to the conclusion that 8 more vacancies are likely to arise, etc. 10. Further we note that in many a selection time, vast majority or even the entire candidates in the ranked list for Arabic teaching post would be from Muslim community due to various cultural and historical reasons. In this case also, we find that all the candidates included in Anx.A-1 ranked list belong to that community and no candidate belonging to other reserved communities is available in the said ranked list either in the main list or in the subsidiary list. This we say so, as even if it is assumed that all the candidates included in Anx. A-1 ranked list would satisfy the non creamy-layer criteria, such candidates, who belong to that community, could be considered only as against open competition turns and reserved community turns set apart for Muslim OP(KAT) 47 & 49/2022 - : 12 :- community and all other backward turns other than that for Muslim community will become NCA in view of the mandate contained in Rule 15(a) of KS&SSR Part II made effective from 2.2.2006 onwards. In the instant case also, it is seen from a reading of the impugned interim order rendered by the Tribunal that, out of 9 vacancies reported voluntarily by the appointing authority to the PSC for direct recruitment, only 1 candidate alone could be advised and all the other remaining 8 vacancies will be set apart for NCA selection process. No materials are placed before us based on the provisional appointment chart to show the details of the last candidate advised in the Muslim reserved turn and the details of NCA turns so as to at least appropriately assess as to how many vacancies could be utilized for OC turns or for Muslim community turns, if vacancies are reported in the manner suggested by the applicants. If any of these vacancies are to be later set apart for NCA process, none of the applicants would be benefited as well. Moreover, we have emphasized in our judgment rendered in O.P(KAT) No. 2/2022 about the necessity for candidates to produce the provisional chart. That provisional materials have not been produced before us. In the light of all these aspects, we are of the firm view that it may not right and proper for us to overrule the OP(KAT) 47 & 49/2022 - : 13 :- well considered verdict of the Tribunal and issue directions for reporting of additional vacancies even provisionally. That as already discussed by us in the judgment in O.P(KAT) No. 2/2022, such an approach may be in violation of the dictum laid down by the 3-Judge Bench of the Apex Court on 8.12.2021 in the case in _**Director of Indian Systems of Medicine & Anr. v. Dr.Susmi C.T. & Anr.**_ {[2021 SCC Online SC 1188 = CIVIL APPEAL Nos. of 2021 [@ S.L.P. (C) Nos.. 24214-24221 of 2019)}. 11. For all the above reasons, we refrain from interfering in the matter. However, we take note of the submission made by the learned Senior Govt. Pleader on behalf of official respondents 1 to 3 that 2 additional vacancies have already been reported provisionally by the appointing authority to the PSC in compliance with the impugned interim order passed by the Tribunal in this case. With these observations and directions, the above Original Petition will stand dismissed. ## O.P(KAT) No. 49/2022 12. The issues raised in this case are also similar to the one raised in O.P(KAT) No. 47/2022. 13. The candidates herein are included in Anx. A-1 ranked list OP(KAT) 47 & 49/2022 - : 14 :- dated 22.2.2019 for the post of Part Time Junior Language Teacher (Arabic) in LP Schools of Alappuzha District [whereas O.P(KAT) No. 47/2022 is concerning the ranked list for the post of Full Time Junior Language Teachers (Arabic) in LP Schools in Alappuzha District]. From a reading of the impugned interim order at Ext.P-2 it is found that the Tribunal has been apprised by the official respondents that the total sanctioned strength of Part Time Junior Language Teacher (Arabic) in Alappuzha District is only 5, out of which one teacher is already working in position and that remaining 4 vacancies are already reported by the appointing authority to the PSC and that PSC had issued advise to one candidate as against one vacancy, which turned out to be non-joining duty vacancy and the other 3 remaining vacancies have been set apart for NCA posts. The contention raised by the applicants in this case is that the Tribunal should have issued interim order directing reporting of at least 10 more additional vacancies of Part Time Arabic Language Teachers, to the PSC, etc. This is on the premise that such additional vacancies would have actually existed, if staff fixation is done even belatedly. However, since the applicants contended that the staff strength, going by the staff fixation previously done will be at least 6 and not 5, the Tribunal, OP(KAT) 47 & 49/2022 - : 15 :- in order to protect the interests of the applicants, directed that one additional vacancy may be provisionally reported by the appointing authority to the PSC before the expiry of the ranked list on 21.2.2022. The learned Senior Govt. Pleader has submitted that though such additional vacancies are not in existence, the appointing authority has provisionally reported one additional vacancy of Part Time Arabic Language Teacher to the respondent PSC authorities, for the purpose compliance of the impugned interim order. 14. Here also, the petitioners place reliance on Anxs.A-2 to A-6. We have heard both sides on the matters borne out from Anxs. A-2 to A-6. Like in the other case, we are not in a position to reach any firm conclusion as to how there will be additional vacancies on the basis of the materials borne out from Anxs. A2 to A-6. Further, here also the applicants have filed OA before the Tribunal only as late as on 8.2.2022, even though the ranked list came into force as early as on 22.2.2019. Copy of the provisional appointment chart/ appointment chart in terms of Rule 14(f) of KS&SSR Part II, has not been produced before us. Here also, already 3 out of the 4 vacancies reported for direct recruitment are kept apart as NCA vacancies due to non availability of candidates belonging other reserved turns. For OP(KAT) 47 & 49/2022 - : 16 :- the very same reasons given by us in the other case, we are not persuaded to interfere with the matter. However, we take note of the submission made by the learned Senior Govt. Pleader that one additional vacancy has already been reported by the appointing authority to the PSC as provisionally ordered by the Tribunal. With these observations and directions, the above Original Petition will stand dismissed. Sd/- **ALEXANDER THOMAS, JUDGE** Sd/- **VIJU ABRAHAM, JUDGE** sdk+ OP(KAT) 47 & 49/2022 - : 17 :- ## **APPENDIX OF OP(KAT) 49/2022** PETITIONER EXHIBITS **EXHIBIT P1 TRUE COPY OF THE MEMORANDUM OF OA NO.244/2022 FILED BY THE PETITIONER ALONG WITH THE ANNEXURES.** **ANNEXURE A1 TRUE COPY OF RANKED LIST BEARING NO.127/2019/SSII DATED 22/02/2019 FOR SELECTION AND APPOINTMENT TO THE POST OF PART TIME JUNIOR LANGUAGE TEACHER (ARABIC) LPS IN ALAPPUZHA DISTRICT ISSUED BY THE 5TH RESPONDENT. ANNEXURE A2 TRUE COPY OF THE LETTER DATED 03/02/2022 ISSUED BY THE HEADMISTRESS GOVERNMENT LPS, PUTHUPALLY, KAYAMKULAM, ALAPPUZHA. ANNEXURE A3 TRUE COPY OF THE VACANCY REPORT 2021 DATED 31/01/2022 ISSUED BY THE HEADMISTRESS, GOVERNMENT LPS, THALIYAPARAMBU, ALAPPUZHA. ANNEXURE A4 TRUE COPY OF THE VACANCY REPORT 2020-2021 AND 2021-22 DATED 27/01/2022 ISSUED BY HEADMISTRESS, GOVERNMENT LPS, PATTANAKKAD, ALAPPUZHA. ANNEXURE A5 TRUE COPY OF THE LETTER DATED 08/02/2022 ISSUED BY THE HEADMISTRESS, GOVERNMENT LPS, PULLIKKANAKKU, ALAPPUZHA. ANNEXURE A6 TRUE COPY OF THE VACANCY REPORT DATED 07/02/2022 ISSUED BY THE HEADMISTRESS, GLPS MUHAMMA, ALAPPUZHA. EXHIBIT P2 TRUE COPY OF THE INTERIM ORDER DATED 16/02/2022 IN OA 244/2022 PASSED BY THE HON'BLE ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY OF THE PRESENT VACANCY STATUS AS ON 01/02/2022 ISSUED BY HEADMISTRESS, GOVERNMENT NEW LPS PURAKKAD, ALAPPUZHA. EXHIBIT P4 TRUE COPY OF THE VACANCY REPORT 2021 DATED 07/02/2022 ISSUED BY HEADMISTRESS, GLPS MUHAMMA. EXHIBIT P5 TRUE COPY OF THE VACANCY REPORT 2021 DATED 15/02/2022 ISSUED BY HEADMISTRESS, GUPS, CHUNAKKARA.** OP(KAT) 47 & 49/2022 - : 18 :- - **EXHIBIT P6 TRUE COPY OF THE LETTER DATED 14/02/2022 SUBMITTED BY THE HEADMISTRESS GOVERNMENT LPS, PATHAPPALLY, BEFORE THE DEPUTY DIRECTOR, ALAPPUZHA REQUESTING HIM TO FILL UP THE 1 VACANCY EXISTING IN THE SAID SCHOOL.** - **EXHIBIT P7 TRUE COPY OF THE LETTER DATED 08/02/2022 SUBMITTED BY THE HEADMISTRESS GOVERNMENT LPS PULLIKKANAKKU, REQUESTING TO FILL UP THE 1 VACANCY EXISTING THE SAID SCHOOL.** - **EXHIBIT P8 TRUE COPY OF THE LETTER DATED 08/02/2022 SUBMITTED BY THE HEADMISTRESS GOVERNMENT LPS KANNANAKUZHY, REQUESTING TO FILL UP THE UP THE POSTS IN THE SAID SCHOOL.** - **EXHIBIT P9 TRUE COPY OF THE ORDER DATED 13/08/2021 IN WA NO. 1047/2021.** - **EXHIBIT P10 TRUE COPY OF THE ORDER DATED 27/08/2021 IN SLP(C) NO.12763/2020.** - **EXHIBIT P11 TRUE COPY OF THE INTERIM ORDER DATED 17.02.2022 IN OA EKM 249/2022 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH.** OP(KAT) 47 & 49/2022 - : 19 :- ## **APPENDIX OF OP(KAT) 47/2022** ## **PETITIONER EXHIBITS** |**EXHIBIT P1**|**TRUE COPY OF THE MEMORANDUM OF O.A.NO.FILED**| |---|---| ||**BY THE PETITIONER ALONG WITH THE ANNEXURES.**| |**ANNEXURE A1**|**TRUE COPY OF RANKED LIST BEARING**| ||**NO.126/2019/SSII**<br>**DATED**<br>**22.02.2019**<br>**FOR**| ||**SELECTION AND APPOINTMENT TO THE POST OF FULL**| ||**TIME JUNIOR LANGUAGE TEACHER (ARABIC) LPS IN**| ||**ALAPPUZHA DISTRICT ISSUED BY THE 5TH**| ||**RESPONDENT.**| |**ANNEXURE A2**|**TRUE COPY OF THE LETTER NO.55/2021-22 DATED**| ||**12.11.2021 ISSUED BY THE HEADMISTRESS GOVT.**| ||**UPS, THAMPAKACHUVADU, ARYAD NORTH P. O.,**| ||**ALAPPUZHA.**| |**ANNEXURE A3**|**TRUE COPY OF THE LETTER NO.1212/11/2021 DATED**| ||**22.11.2021 ISSUED BY THE HEADMISTRESS IN**| ||**CHARGE, TGUPS, KAYAMKULAM, ALAPPUZHA.**| |**ANNEXURE A4**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**03.02.2022 ISSUED BY HEADMISTRESS, GOVT.**| ||**HSLPS, KALAVOOR, ALAPPUZHA.**| |**ANNEXURE A5**|**TRUE COPY OF THE LETTER DATED 26.10.2021**| ||**ISSUED BY THE HEADMISTRESS, GOVT. LPS,**| ||**MANGALAM, ALAPPUZHA.**| |**ANNEXURE A6**|**TRUE COPY OF THE LETTER DATED 18.10.2021**| ||**ISSUED BY THE HEADMASTER, KAYAMKULAM TOWN**| ||**GOVT. U. P. SCHOOL.**| |**EXHIBIT P2**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**16.02.2022 IN OA 246/2022 PASSED BY THE**| ||**HON'BLE**<br>**ADMINISTRATIVE**<br>**TRIBUNAL,**| ||**THIRUVANANTHAPURAM.**| |**EXHIBIT P3**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**09.02.2022 ISSUED BY HEADMISTRESS GOVT. GHSS**| ||**CHANDIROOR, ALAPPUZHA.**| |**EXHIBIT P4**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**08.02.2022 ISSUED BY HEADMISTRESS GOVT.**| ||**L.P.S. ERUVA WEST, ALAPPUZHA.**| OP(KAT) 47 & 49/2022 - : 20 :- |**EXHIBIT P5**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| |---|---| ||**08.02.2022 ISSUED BY HEADMISTRESS GOVT.**| ||**U.P.SCHOOL, KRISHNAPURAM.**| |**EXHIBIT P6**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**08.02.2022 ISSUED BY HEADMISTRESS GOVT. LPS,**| ||**KAYAMKULAM.**| |**EXHIBIT P7**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**08.02.2022 ISSUED BY HEADMISTRESS, G.H.S.**| ||**MANNANCHERRY.**| |**EXHIBIT P8**|**TRUE COPY OF THE VACANCY REPORT 2021 DATED**| ||**08.02.2022 ISSUED BY HEADMISTRESS, TOWN GOVT.**| ||**U.P.SCHOOL, KAYAMKULAM.**| |**EXHIBIT P9**|**TRUE COPY OF THE ORDER DATED 13.08.2021 IN WA**| ||**NO.1047/2021.**| |**EXHIBIT P10**|**TRUE COPY OF THE ORDER DATED 27.08.2021 IN**| ||**SLP(C) NO.12763/2020.**| OP(KAT) 47 & 49/2022 - : 21 :-