Petitioners sought appointment from an expired rank list. Court held it cannot direct appointment against unreported vacancies but left for revision if entities subsequently report vacancies.
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 DEVAN RAMACHANDRAN
THURSDAY, THE 27TH DAY OF OCTOBER 2022 / 5TH
KARTHIKA,1944
WP(C) NO. 5129 OF 2021
PETITIONERS:
1 SAJESH K.M. AGED 42 YEARS S/O. KUNHIKRISHNAN, PADMALAYAM HOUSE, PERUVATTUR P.O, KOYILANDI VIA, KOZHIKODE DISTRICT, PIN - 673620.
2 REHANA S AGED 38 YEARS W/O. MOHAMMED ANSEL, S.S. COTTAGE, NEAR ATTAKULAM, ATTINGAL P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695101.
BY ADV C.A.JOJO
RESPONDENTS:
W.P (C) No. 5129 of 2021
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ALAPPUZHA, PIN - 688012. 7 MANAGING DIRECTOR KERALA STATE CO-OPERATIVE CONSUMER'S FEDERATION LTD, (CONSUMERFED), GANDHI NAGAR, ERNAKULAM, PIN - 682020. BY ADVS. SRI.GILBERT GEORGE CORREYA P.C.SASIDHARAN, SC, COIRFED SRI.M.SASINDRAN SC SMT.PARVATHY K. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No. 5129 of 2021
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DEVAN RAMACHANDRAN, J.
---------------------
W.P (C) No. 5129 of 2021
Dated this the 27th day of October,2022
JUDGMENT
The petitioners, say that they are
included in the rank list prepared by the Kerala Public Service Commission (PSC) for filling up the post of Data Entry Operator
in the services of various Apex Societies, including the Kerala State Co-operative Bank Ltd (Kerala Bank), Kerala State Co-operative Coir Marketing Federation Ltd (COIRFED) and the Kerala State Co-operative Consumer Federation Ltd (CONSUMERFED). They assert that, as is evident from Ext.P8, there are vacancies still available in the services of
the afore entities, but that they are refusing to make appointments from the rank
W.P (C) No. 5129 of 2021
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list for confutative reasons; and that their
intention seems to be to regularise temporary
hands in an illegal manner. They thus pray that, respondents be directed to make appointments from the rank list against the vacancies available at the time when it expired on 14.03.2021.
and in fact, their respective learned counsel, assert that there are no vacancies or that there are no sanctioned posts in
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their cadre for having done so.
Sri.Gilbert George Correya – learned counsel appearing for “Kerala Bank” is that, the vacancies shown in Ext.P8 were prior to the amalgamation of the various District Cooperative Banks with his client and that subsequent thereto, there has been reorganisation of the structure of the Institution, with no posts of Data Entry
Operators presently on its cadre.
appearing for the COIRFED and Sri.M.Sasindran
– appearing for the CONSUMERFED are
concerned, they vehemently say that there are no vacancies available which they intend to
fill; with the former conceding that two vacancies are still available but left unfilled in future also.
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afraid that I cannot find favour with the
petitioners, particularly when the stand of
the PSC - which is also represented by Sri.P.C.Sasidharan, is to the effect that
they cannot make any advice, since no
vacancies are reported to them by any of the afore entities.
are any vacancies reported to the PSC by the
afore entities before the rank list has expired, then certainly, they will be obliged to advice candidates against the same as per law, following the appellate roster; and for
this purpose, I leave all contentions of the petitioners open.
This Writ Petition is thus ordered.
Sd/-
lsn
DEVAN RAMACHANDRAN, JUDGE
W.P (C) No. 5129 of 2021
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To be spoken to on 02.11.2022
I delivered judgment on 27.10.2022, but a
request was made by Sri.C.A.Jojo – learned counsel for the petitioners, that it be listed for being spoken to, since he had omitted to bring to my notice certain relevant facts.
I do not propose to go into the merits of
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its contentions but clarify that PSC will be obligated to verify this aspect also and take necessary action in terms of the afore
directions.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
SAS
W.P (C) No. 5129 of 2021
9
APPENDIX OF WP(C) 5129/2021
PETITIONERS' EXHIBITS
| EXHIBIT P1 | A TRUE COPY OF THE RELEVANT PAGES OF THE RANKED LIST PUBLISHED BY THE 4TH RESPONDENT IN NO.217/18/ERVI IN CATEGORY NO.126/2013 PART I DATED 15.03.2018. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE RELEVANT PAPER NEWS PUBLISHED IN MATHRUBOOMI NEWS PAPER DATED 13.02.2021. |
| EXHIBIT P3 | A TRUE COPY OF THE RIGHT TO INFORMATION RECEIVED DATED 17.08.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE 7TH RESPONDENT. |
| EXHIBIT P4 | A TRUE COPY OF THE CIRCULAR 36/16 DATED 26.09.2016 ISSUED BY THE 5TH RESPONDENT. |
| EXHIBIT P5 | A TRUE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER DATED 23.01.2021. |
| EXHIBIT P6 | A TRUE REPRESENTATION FILED BEFORE THE HON'BLE CHIEF MINISTER OF KERALA BY THE 1ST PETITIONER DATED 03.11.2020. |
| EXHIBIT P7 | THE TRUE COPIES OF RELEVANT PAGES OF THE SENIORITY LIST DATED 29.11.2019 PUBLISHED BY THE 2ND RESPONDENT |
| EXHIBIT P8 | A TRUE COPY OF THE APPOINTMENT CHART FOR THE POST OF DATA ENTRY OPERATOR (GENERAL CATEGORY) IN THE 2ND RESPONDENT FROM EXT.P1 RANK LIST DATED 09.04.2021 |
| EXHIBIT P9 | A TRUE COPY OF THE EXTRA ORDINARY GAZETTE NOTIFICATION ORDER G.O. |
| (P)NO.157/2020/CO-OP DATED 23.11.2020 |
2 issues framed by the court
Whether the Court can direct appointment from an expired rank list when respondents claim no remaining vacancies.
Whether the Public Service Commission is obligated to advise candidates against vacancies reported after the rank list expires.
Sajesh K.M.
Rehana S
State of Kerala
Chief Executive Officer, The Kerala State Co-operative Bank Ltd
General Manager, The Kerala State Co-operative Bank Ltd
Secretary, Public Service Commission
Devan Ramachandrana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
