High Court of KeralaDivision BenchOP(KAT) No. 259 of 2021 dismissed.

Rajith Raju R.V. v. Kerala Public Service Commission, State of Kerala, ROSCORT S.R. and Soumya Sadanandan

Case / Petition Number:OP(KAT) No. 259 of 2021

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

Rule 14 of the Kerala Public Service Commission Rules of ProcedureRules 14 to 16 of KS & SSR Part IIRule 17A of the KS & SSR Part II

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 NameCitationTreatmentExplanation
Kerala Public Service Commission v. Sheejamol M.C.[2020 (5) KHC 555 (FB)]PositiveCited 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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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 A. BADHARUDEEN** **THURSDAY, THE 23[RD] DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943** ## **OP(KAT) NO. 259 OF 2021** **AGAINST THE ORDER IN OA.NO.2279/2019 OF THE KERALA** **ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH** **PETITIONER/1ST APPLICANT IN O.A.:** **RAJITH RAJU R.V., AGED 40 YEARS, S/O RAJU.D, DEVADEYAM, PUNALAL, PUNALAL P.O, THIRUVANANTHAPURAM-695575.** **BY ADVS. M/S. ABY ABRAHAM & S.ANEESH** ## **RESPONDENTS/RESPONDENTS & APPLICANTS 2 AND 3 IN O.A.:** - **1 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM-695004.** - **2 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS (EMPLOYMENT CELL -A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **3 ROSCORT S.R., AGED 29 YEARS, S/O RAVEENDRAN, T C -6/581. S.R.HOUSE, THURUVICKAL P.O, ITIKONAM, MEDICAL COLLEGE, THIRUVANANTHAPURAM695031.** - **4 SOUMYA SADANANDAN, AGED 29 YEARS, W/O ARUN RAVI, MALAYUDE KIZHAKKETHIL, KOTTA P.O, KARAKKAD, CHENGANNOOR, ALAPPUZHA-689504.** **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER, SRI.P.C.SASIDHARAN, SC, PSC** ## **THIS OP(KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN** **FINALLY HEARD ON 23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** OP(KAT) No. 259 of 2021 2 ## ALEXANDER THOMAS & A.BADHARUDEEN, JJ. ============================================= OP(KAT) No. 259 of 2021 [a _rising out of the impugned final order dated 7.7.2021 in O.A. No.2279/2019 on the file of the KAT, Thiruvananthapuram Bench_ ] ============================================= Dated this the 23[rd] day of September, 2021 ## J U D G M E N T ## ALEXANDER THOMAS, J. The petitioner herein had approached the Kerala Administrative Tribunal, Thiruvananthapuram Bench, by filing the instant Ext.P-2 O.A. No. 2279/2019 seeking for directions in the matter of advise and appointment to the post of Section Officer amongst candidates included in Anx.A-3 ranked list dated 17.10.2017. The Tribunal, after hearing both sides, has rendered the impugned Ext.P-1 final order dated 7.7.2021 dismissing O.A. No. 2279/2019 on the basis of the finding that indisputably, no further vacancies were reported by the appointing authority to the Kerala Public Service Commission (PSC) before the expiry of rank list, for considering the claims of the petitioner for advise and appointment as against such additional vacancies so reported. 3 OP(KAT) No. 259 of 2021 Aggrieved by Ext.P-1 final verdict of the Tribunal dismissing the above O.A., the original applicant has approached this Court by filing the instant Original Petition (KAT) with the following prayers: - _“(i) To call for the records leading to Exhibit P1 order of the Kerala Administrative Tribunal in OA. No. 2279 of 2019 and set aside the same._ - _(ii) To allow the OA as prayed for._ - _(iii) To issue such other orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.”_ 2. Heard Sri.Aby Abraham, learned counsel appearing for the petitioner in the O.P./sole applicant in the O.A. before the Tribunal, Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for R-1 and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for R-2 (State). In the nature of the order proposed to be passed in this petition, notices to contesting respondents 3 & 4 will stand dispensed with. 3. Going by the pleadings and materials on record, it appears that Anx.A-3 ranked list dated 17.10.2017 was duly published by the PSC for the post of Section Officer (Special 4 OP(KAT) No. 259 of 2021 Recruitment from among SC/ST) in pursuance of Anx.A-1 selection notification dated 11.6.2015 for Category No.176/2015. Further, the ranked list has expired after running its maximum period. It is also common ground that as against the vacancies reported to the PSC by the appointing authority during the currency of ranked list, advise have been made by the PSC as against such vacancies reported before the expiry of ranked list. In the instant case, no further vacancies have been reported by the appointing authority to the PSC and hence, the Tribunal has rightly held that no reliefs can be granted in this O.A. 4. It is by now well established that under Rule 14 of the Kerala Public Service Commission Rules of Procedure, the Commission will get jurisdiction to advise candidates only as against the vacancies reported during the currency of the ranked list. Even if, so long as the vacancies are reported before the expiry of ranked list, then the Commission can even advise candidates as against such vacancies, even after the expiry of ranked list. On the other hand, if no further vacancies are reported to the PSC before 5 OP(KAT) No. 259 of 2021 the expiry of ranked list, then no advise can be made from amongst candidates included in a time expired list as against the vacancies reported after the expiry of ranked list. In that regard, it will also be pertinent to note the Full Bench decision of this Court in _**Kerala Public Service Commission v. Sheejamol M.C. [2020 (5) KHC 555 (FB)]**_ . 5. The counsel for the petitioner submits that the original application is filed by his party before the Tribunal, before the expiry of ranked list. 6. Even if that be so, it appears that the Tribunal has not passed any interim order directing reporting of any vacancies in the post of Section Officer to the PSC, atleast on provisional basis. If any such interlocutory order has been passed by the Tribunal before the expiry of ranked list, then the Tribunal could have adjudicated the issue as to whether all or any such vacancies so reported provisionally, could be utilized for the recruitment in question. In the instant case, the recruitment in question was not a general recruitment as envisaged in Rules 14 to 16 of KS & SSR OP(KAT) No. 259 of 2021 6 Part II, but the special recruitment for taking care of shortfall of representatives of SC/ST candidates as envisaged in Rule 17A of the KS & SSR Part II. 7. In view of abovesaid aspects, the Tribunal cannot be found fault with for having dismissed the O.A. by giving the abovesaid reasons. No interference is called for and hence the O.P. will stand dismissed. Sd/- ALEXANDER THOMAS, JUDGE Sd/- - A.BADHARUDEEN, JUDGE MMG OP(KAT) No. 259 of 2021 7 ## **APPENDIX OF OP(KAT).NO.259/2021** ## **PETITIONER'S EXHIBITS** **EXHIBIT P1 TRUE COPY OF ORDER DATED 07.07.2021 IN OA NO.2279 OF 2019. EXHIBIT P2 TRUE COPY OF O.A. NO. 2279NOF 2019 ALONG WITH ANNEXURES AND APPLICATION FOR JOINING TOGETHER. ANNEXURE A1 TRUE COPY OF GAZETTE NOTIFICATION WITH CATEGORY NO.175/2015 DATED 11.06.2015. ANNEXURE A2 TRUE COPY OF G.O(P) NO.344/81/GAD DATED 14.10.1981.GAD DATED 14.10.1981. ANNEXURE A3 TRUE COPY OF THE RANKED LIST WITH CATEGORY NO.176/2015 RANKED LIST NO.970/17/SSVI WITH EFFECT FROM 17.10.2017. ANNEXURE A4 TRUE COPY OF ORDER IN O.A. NO,.355 OF 2018 DATED 16.10.2019. ANNEXURE A5 TRUE COPY OF GO(MS) NO.271/PUBLIC EMPLOYMENT CELL DEPARTMENT DATED 12.10.1973. ANNEXURE A6 TRUE COPY OF THE GO (MS) NO.403/PUBLIC EMPLOYMENT CELL DEPARTMENT DATED 24.10.1972. EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT ALONG WITH ANNEXURES. ANNEXURE R2(A) TRUE COPY OF G.O (MS) NO.59/2015/GAD DATED 18.02.2015. EXHIBIT P4 TRUE COPY OF M.A NO.1398 OF 2020 FILED IN O A NO.2279 OF 2019. EXHIBIT P5 TRUE COPY OF ORDER DATED 16.10.2020 IN OA NO.2279 OF 2019. EXHIBIT P6 TRUE COPY OF JUDGMENT IN OP (KAT) NO.369 OF 2020 DATED 02.11.2020. EXHIBIT P7 TRUE COPY OF REPLY STATEMENT FILED BY THE 1ST RESPONDENT.** OP(KAT) No. 259 of 2021 8 ## **EXHIBIT P8** **TRUE COPY OF QUERY UNDER THE RTI ACT SUBMITTED BY THE PETITIONER BEFORE PUBLIC INFORMATION OFFICE UNDER THE 1ST RESPONDENT DATED 24.11.2019.** **EXHIBIT P9 TRUE COPY OF REPLY UNDER RTI ACT DATED 03.01.2020 WAS ISSUED BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.** - **EXHIBIT P10 THE OFFICE OF APPEAL SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY UNDER THE RTI ACT, THE JOINT SECRETARY, ADVICE (LITIGATION) UNDER THE 1ST RESPONDENT DATED 23.01.2020.** - **EXHIBIT P11 TRUE COPY OF REPLY DATED 28.02.2020 FURNISHED BY THE APPELLATE AUTHORITY UNDER THE RTI ACT, THE JOINT SECRETARY, ADVICE (LITIGATION) UNDER THE 1ST RESPONDENT.**