Rajith Raju R.V. v. Kerala Public Service Commission, State of Kerala, ROSCORT S.R. and Soumya Sadanandan
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Alexander Thomas
- A. Badharudeen
- Judgment Date
- 2021-09-23
- Court Decision / Holding
- No interference is warranted with the Kerala Administrative Tribunal’s reasoning; the Original Petition is dismissed. The Tribunal’s order dated 07.07.2021 in OA No. 2279/2019 stands.
- Final Disposition
- OP(KAT) No. 259 of 2021 dismissed.
Parties to the Case
Appellants / Petitioners
- Rajith Raju R.V.
Respondents
- Kerala Public Service Commission
- State of Kerala
- ROSCORT S.R.
- Soumya Sadanandan
Legal Representation & Advocates
Counsels for Petitioners
- • Aby Abraham
- • S. Aneesh
Counsels for Respondents
- • P. C. Sasidharan
- • Saigi Jacob Palatty
Case Synopsis & Summary
Rajith Raju R.V., the petitioner, approached the Kerala Administrative Tribunal, Thiruvananthapuram Bench, seeking directions for advise and appointment to the post of Section Officer (Special Recruitment for SC/ST) from the Anx.A-3 ranked list dated 17.10.2017 in Category No.176/2015. The Tribunal, after hearing both sides, dismissed OA No. 2279/2019 by order dated 7.7.2021 on the finding that no further vacancies were reported by the appointing authority to the Kerala Public Service Commission during the currency of the ranked list, so no relief could be granted for additional vacancies reported after expiry. The petitioner contends that the O.A. was filed prior to the expiry and relies on Rule 14 of the KS & SSR Rules, as well as a Full Bench decision in Sheejamol M.C., to argue that vacancies notified before expiry should be fillable from the time-expired list if they exist. The respondents contend that Rule 14 allows advice only against vacancies reported during the currency of the list; if none are reported before expiry, no relief can be granted for vacancies reported after expiry; the matter relates to a special recruitment under Rule 17A. The High Court agrees with the Tribunal's reasoning, cites the Full Bench Sheejamol decision for context, and holds that the O.A. cannot be sustained, upholding the dismissal.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner argues that the Original Application was filed before the expiry of the ranked list and seeks a directive to the PSC to advise/appoint against vacancies reported during the currency of the Anx.A-3 list. He relies on Rule 14 of the KS & SSR Rules and the Full Bench decision in Sheejamol M.C. to contend that vacancies notified before expiry should be fillable from the expired list if such vacancies exist, even if the list has expired. He contends that prohibition on post-expiry vacancies would defeat the equality and SC/ST representation objectives of the special recruitment.
Contentions of Respondents
The PSC and State contend that Rule 14 restricts advisory jurisdiction to vacancies reported during the currency of the ranked list; if no vacancies were reported before expiry, no relief can be granted for post-expiry vacancies. They emphasize that this is a special recruitment under Rule 17A and that the list had expired; there is no basis to issue directions for vacancies reported after expiry. They rely on established KS & SSR provisions and the need to respect the expiry of the list to avoid ad hoc recruitment.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Kerala Public Service Commission v. Sheejamol M.C. | [2020 (5) KHC 555 (FB)] | Positive | Cited as a binding Full Bench precedent supporting the principle that PSC’s advisory jurisdiction is limited to vacancies reported during the currency of the ranked list; used to justify the proposition that vacancies reported after expiry cannot be filled from an expired list. |
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