In a writ of certiorari, the High Court of Kerala dismissed a challenge against the Administrative Tribunal's order appointing a candidate from the sole surviving rank list for a Headquarters vacancy, finding no undue benefit or prejudice to other candidates.
The Original Petition is dismissed accordingly.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
&
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 16TH DAY OF AUGUST 2017/25TH SRAVANA, 1939
OP(KAT).No. 279 of 2017 (Z)
OA (EKM) 1579/2016 of KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 & 2:
1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, OFFICE OF PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, KERALA-695004.
2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,
DISTRICT OFFICE, KOLLAM, KERALA-691001.
BY SRI.P.C.SASIDHARAN, SC, KPSC
RESPONDENTS/APPLICANT & RESPONDENTS 3 TO 8 :
------------------------------------------
1. JAYALEKSHMI P.B., W/O. ABHILASH J., AGED 36 YEARS, RESIDING AT ASHTAMI, THANOORKONAM, T.C.34/407, PRAC-30, NETTAYAM P.O., THIRUVANANTHAPURAM, KERALA-695013.
2. THE INSPECTOR GENERAL OF REGISTRATION, OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION, VANCHIYOOR, THIRUVANANTHAPURAM, KERALA-695035.
OP(KAT).No. 279 of 2017 (Z)
3. THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR (GENERAL), NEAR COLLECTORATE, KOLLAM, KERALA-691013.
4. THE DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, KERALA-695014.
5. THE CHIEF ENGINEER,
6. THE CONTROLLER OF STATIONERY , OFFICE OF THE CONTROLLER OF STATIONERY, STATIONERY DEPARTMENT, PMG JUNCTION, THIRUVANANTHAPURAM, KERALA-695033.
7. DISTRICT COLLECTOR,
R2 TO R7 BY GOVERNMENT PLEADER SRI.PAUL ABRAHAM VAKKANAL
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 16-08-2017,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp
OP(KAT).No. 279 of 2017 (Z) ----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1: TRUE COPY OF THE O.A.(EKM) NO.1579 OF 2016 WITH ANNEXURES. EXHIBIT P2: TRUE COPY OF THE REPLY STATEMENT. EXHIBIT P3: TRUE COPY OF THE REJOINDER ALONG WITH THE ANNEXURES. EXHIBIT P4: TRUE COPY OF THE ORDER IN O.A.(EKM) 1579 OF 2016 DATED 21.03.2017.
RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.A.TO JUDGE bp
P.R.RAMACHANDRA MENON & SHIRCY V., JJ
O.P.(KAT)NO.279 OF 2017
Dated this the 16th day of August, 2017
J U D G M E N T
P.R.RAMACHANDRA MENON, J
The grievance is mainly with regard to Ext.P4 order passed by the Kerala Administrative Tribunal in O.A (EKM) No.1579 of 2016 dated 21.03.2017, whereby the vacancy reported to the Public Service Commission in respect of the post of 'Binder Grade II' in Kollam district has been ordered to be filled up from the sole surviving rank list in respect of Kollam District. In fact, it is a Head quarters' vacancy, which according to the PSC, is to be given on the basis of rotation from among the 14 different districts, starting from Trivandrum. The case projected by the PSC is that, the turn of Kollam is already over (in respect of Head quarters' vacancy) and the present turn is that of Alleppey, however, conceding that no rank list in respect of Alleppey or such other districts is available, except that of Kollam, as on date.
O.P.(KAT)NO.279 OF 2017 2
i) direct the respondents 3 to 8 to report all the vacancies of Binder Grade II now in existence, and anticipated till 31.12.2016, in various Departments in Kollam District to the respondents 1 and 2 as expeditiously as possible and at any rate within a time limit to be fixed by this Hon'ble Tribunal.
ii) direct respondents 1 and 2 to advise the applicant for the post of Binder Grade II and further direct the respondents 3 to 8 to appoint her, to one of the said posts, consequent on her inclusion in Annexure A1 ranked list.
And
iii) grant such other reliefs as this Hon'ble Tribunal deems fit and proper in the circumstances of this case including the cost of this Original Petition.
O.P.(KAT)NO.279 OF 2017 3
being filled up in different districts, based on the separate rank lists prepared by the PSC pursuant to the selection made in respect of different districts, except in the case of Head quarters' vacancy. In the case of Head quarters' vacancies available in Trivandrum, it is stated that a process of rotation is being pursued by the PSC identifying candidates from various rank lists for the different districts from Trivandrum onwards. The applicant pointed out before the Tribunal that vacancy was available in the Head quarters, which arose on 24.11.2016. After hearing both the sides the Tribunal found that no rank list was in existence in respect of any other district, but for Annexure A1 in respect of Kollam District. The said rank list, which was brought in force on 26.06.2012 was about to expire on 31.12.2016. It was also found that there was no dispute regarding the fact that the Head quarters' vacancy was already reported to the PSC before the expiry of the rank list published for Kollam district. It was in the said circumstances, that the Tribunal held that the course sought to be pursued by the PSC without advising candidates from the existing rank list for filling up of the vacancy in the Head
O.P.(KAT)NO.279 OF 2017 4
quarters, despite the fact that no other rank list was available, especially in respect of Alleppey district (to which district the benefit of rotation was sought to be extended by the PSC) was wrong. It is accordingly that the O.A was allowed, giving appropriate direction by way of Ext.P4, which form the subject matter of challenge before this Court.
O.P.(KAT)NO.279 OF 2017
5
Constitution of India.
The Original Petition fails and it is dismissed accordingly.
Sd/- JUDGE
P.R.RAMACHANDRA MENON
Sd/- SHIRCY V. JUDGE
IAP
2 issues framed by the court
Whether the Kerala Administrative Tribunal erred in directing appointment from the sole surviving rank list despite the rotational privilege of specific districts.
Whether granting the relief caused any undue benefit to the applicant or adverse orders to other candidates in different districts.
1 provisions across 1 enactments
KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, OFFICE OF PUBLIC SERVICE COMMISSION
THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOLLAM
JAYALEKSHMI P.B.
THE INSPECTOR GENERAL OF REGISTRATION
THE DISTRICT REGISTRAR (GENERAL)
THE DIRECTOR OF PUBLIC INSTRUCTION
P.R.RAMACHANDRA MENON
SHIRCY V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
