This order dismissed a petition challenging an Administrative Tribunal judgment that held candidates have no legal right to an extended merit list life and approved the State's decision not to convert Commandant Driver posts to Police Constables posts.
The original petition is dismissed.
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 V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE A.M.BABU
WEDNESDAY,THE 13TH DAY OF MARCH 2019 / 22ND PHALGUNA, 1940
OP(KAT).No. 107 of 2019
AGAINST THE ORDER DATED 18.01.2019 IN OA 2161/2018 OF
KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 JISHAD.K.A.,AGED 29 YEARS, S/O.ABDUL KHADAR,KIZHAKKEPATTU HOUSE, KARIKKAD.P.O.,THRISSUR – 680 519.
2 MAHESH M.,AGED 30 YEARS, S/O.MADHAVAN.K.P.,MADAMPATH HOUSE, PULAPPATTA POST,PALAKKAD – 678 632.
3 RISHAD M.,AGED 29 YEARS, S/O.MOOSA M., MURICHANDY HOUSE,
PINANGODE.P.O.,PINANGODE, WAYANAD – 673 122.
4 BINUMON B.,AGED 29 YEARS,S/O.BABU, MADATHILPARAMBIL HOUSE,KARIKKAVU.P.O., THANNEERMUKKOM,ALAPPUZHA – 688 527.
5 VAISAKH M.,AGED 29 YEARS, S/O.MADUKUTTAN,DEVALAYAM,KAROOR, AMBALAPPUZHA.P.O., ALAPPUZHA – 688 561.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA SMT.MAITREYI SACHIDANANDA HEGDE SMT.RIYA RAYMOL IYPE KUM.THULASI K. RAJ SRI.VARUN C.VIJAY
RESPONDENTS/RESPONDENTS:
1 STATE OF KERLA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,THIRUVANANTHAPURAM-695001.
OP(KAT) No.107/2019
2
R1 -R2 BY SRI. ANTONY MUKKATH-GP R3 BY SRI.P.C.SASIDHARAN, SC, PSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 13.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(KAT) No.107/2019
3
JUDGMENT
Chitambaresh, J.
There is no legal right for the candidates to get the life of a ranked list extended. The life of the ranked list in the instant case was extended from time to time and it expired on 30.09.2017. The Government has thought it fit not to extend the life of the list further as it will enable older people to get recruited. The fact that young blood is required to work in the post of Commandant Driver in the Indian Reserved Battalion cannot be lost sight of.
The original petition is dismissed.
Sd/-
V. CHITAMBARESH JUDGE
Sd/-
A.M. BABU
JUDGE
ncd
OP(KAT) No.107/2019
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 18.1.2019 IN O.A.NO.2161/2018 OF THE KERALA ADMINISTRATIVE TRIBUNAL,THIRUVANANTHAPURAM. EXHIBIT P2 TRUE COPY OF O.A.NO.2161/2018 TOGETHER WITH ANNEXURES.
3 issues framed by the court
Whether there is a legal right to extend the life of a merit list beyond its expiration date.
Whether judicial review is warranted to convert the post of Commandant Driver to that of Police Constables.
Whether the State of Kerala was arbitrary in not extending the merit list or converting the post.
JISHAD.K.A.
MAHESH M.
RISHAD M.
BINUMON B.
VAISAKH M.
STATE OF KERALA
V. CHITAMBARESH
A.M. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
