Dismissed

Nebu.a, v. State of Kerala

Kerala HC2 Aug 2023OP(KAT)/55/2023

Case brief

AI extract

What is this about?

High Court heard an Original Petition challenging the Kerala Administrative Tribunal's order. The petitioners sought extension of an expired rank list for Junior Health Inspector posts. The court held the matter falls exclusively within the Public Service Commission's domain. Extending an expired list was deemed inappropriate, leading to dismissal.

What did the court decide?

Petition dismissed as the request for extension of an expired rank list falls within the exclusive domain of the Public Service Commission and is no longer viable.

Nebu.a, Vs State of Kerala — Public Procurement and Tenders | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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WEDNESDAY, THE 2ND DAY OF AUGUST 2023 / 11TH SRAVANA, 1945

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OP(KAT) NO. 55 OF 2023

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AGAINST THE ORDER IN OA (EKM) 220/2023 OF KERALA ADMINISTRATIVE

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TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS

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1NEBU.A,
AGED 41 YEARS
S/O. E. APPU, AGED 41 YEARS, CHARIVUVILAPUTHENVEEDU,
PEECHIYODE, CHERIYAKOLLA PO, THIRUVANANTHAPURAM
DISTRICT-, PIN - 695504
2RAJANI S T
AGED 39 YEARS
PUTHUVALPUTHENVEEDU, MELAMAKKAM, MARIYAPURAM PO,
THIRUVANANTHAPURAM DISTRICT, PIN - 695112
3RENJITH KRISHNA C.R
AGED 40 YEARS
CHAKKALAKKAL HOUSE,PO PERINCHERY, THRISSUR DISTRICT,
PIN - 680306
4SEENA P.A.
AGED 40 YEARS
W/O. V. MADHUSOODHANAN, KOOTHAPPILLY HOUSE,PUDUKAD,
THRISSUR DISTRICT, PIN - 680301
5SANJAI A.T.
AGED 38 YEARS
S/O. THANKAPPAN, AGED 38 YEARS, ANDIKOTE
HOUSE,EDAKULAM PO, IRINJALAKUDA, THRISSUR DISTRICT,
PIN - 680688
6JAYANTHI.V
AGED 45 YEARS
,W/O. GOPALAN, NEDUNGARAMKADU,ANCHATHANI,
THENKURISSI PO, PALAKKAD DISTRICT, PIN - 678671

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O.P(KAT)No.55 of 2023

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BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)

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RESPONDENTS

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-, PIN - 695001

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2THE DIRECTOR OF URBAN AFFAIRS
FIRST FLOOR, SWARAJBHAVAN, PMG JUNCTION TTC
JUNCTION ROAD, NANTHANCODU, KOWDIAR PO,
THIRUVANANTHAPURAM, PIN - 695003

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3 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, MG ROAD, NEAR PATTOM JUNCTION, PALACE PATTOMTHULASI HILLS, THIRUVANANTHAPURAM-, PIN - 695004

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4 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DURGA NAGAR, KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD, PIN - 678001

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OTHER PRESENT:

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SRI. P.C.SAISIDHARAN-SC SRI. SAIGI JACOB PALATTY-
SR. GP

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 02.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.

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=================================

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O.P.(KAT).No.55 of 2023

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==============================

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Dated this the 2^nd day of August, 2023

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JUDGMENT

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Alexander Thomas, J.

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This Original Petition is directed against impugned Ext.P2 verdict rendered by the Tribunal on 07.02.2023, disposing O.A.(EKM) No. 220/2023, for the reasons stated therein.

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The petitioners herein are the applicants in the O.A. The respondents herein are the respondents in the O.A. The petitioners herein/applicants are included in Annexure A2 Rank List dated 11.02.2020, for selection to the post of Junior Health Inspector, Grade-II in Municipal Common Service, Palakkad District.

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The prayers in Ext.P1 O.A., filed by the petitioners herein before the Tribunal, are as follows:

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“(i) To direct the 4^th respondent to advice the next 17 candidates eligible for appointment from Annexure A2 Rank List on the basis of the vacancy reported by the 2^nd respondent.

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(ii) To direct the Public Service Commission to extend the validity of Annexure A2 Rank List.

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(iii) To direct the Respondents 1 and 3 to consider and pass orders on Annexure A3 and Annexure A4 representations within a time frame and the

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O.P(KAT)No.55 of 2023

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expiry of the list may be stayed till then.

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(iv) To pass any other order or direction that is deemed to be fit by this Hon’ble Tribunal in the interest of justice.”

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Heard Sri.K. Mohanakannan, the learned Counsel appearing

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for the petitioners and Sri.P.C. Sasidharan, the learned Standing Counsel for Kerala Public Service Commission, appearing for respondents 3 and 4 and Sri. Saigi Jacob Palatty, the learned Senior Government Pleader, appearing for respondents 1 and 2.

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We are told by both sides that the only surviving prayer in this matter is the plea of the petitioners, that directions should be issued in the matter of extension of Annexure A2 Rank List. The rank list has already expired on 10.02.2023. It is well established, by series of rulings of this Court and the Apex Court, that the matters relating to extension of the rank list, finalised by the Kerala Public Service Commission, would be in the sole and exclusive province of the Kerala Public Service Commission, going by the guides and conditions of the Rules and Procedures governing the field, namely Rule 13 of the Public Service Commission Rules of Procedure.

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It has also been held by the Apex Court in the decision in

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K.Thulaseedharan v. Kerala State Public Service

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O.P(KAT)No.55 of 2023

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Commission, Trivandrum and Others [2007 (6) SCC 190=2007 (2) KHC 943] that, even the discretion of the Kerala Public Service Commission, to extend the rank list, in terms of the 5^th proviso to Rule 13 of the Rules, can be invoked only if the rank list is alive as on the date on which the extension is ordered by the Public Service Commission. Since the rank list has already expired, it will not be vital and proper for this Court to consider the above said prayer.

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7 Hence, we do not find any ground to interfere with the verdict of the Tribunal, in refusing the above said prayers. No further orders and directions are called for .

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With the above observations and directions, the Writ petition stands dismissed.

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Sd/-

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ALEXANDER THOMAS, Judge

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Sd/-

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C.JAYACHANDRAN, Judge

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smm

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APPENDIX OF OP(KAT) 55/2023

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`PETITIONER ANNEX`	`URES`
`Annexure A1`	`TRUE COPY OF RELEVANT PAGES OF THE` `NOTIFICATION PUBLISHED BY THE KERALA` `PUBLIC SERVICE COMMISSION FOR CATEGORY NO.` `571/2014 DATED 26/12/2014`
`Annexure A2`	`TRUE COPY OF THE RANK LIST PUBLISHED AS` `RANK LIST NO. 76/2020/SS V FOR CATEGORY` `NO. 571/2014, COME INTO EFFECT FROM` `11/02/2020`
`Annexure A3`	`TRUE COPY OF THE REPRESENTATION SUBMITTED` `BY THE 1ST APPLICANT, BEFORE THE 1ST` `RESPONDENT ALONG WITH ACKNOWLEDGMENT` `RECEIPT DATED 05/01/2023`
`Annexure A4`	`TRUE COPY OF THE REPRESENTATION SUBMITTED` `BY THE 1ST APPLICANT, BEFORE THE 3 RD` `RESPONDENT ALONG WITH ACKNOWLEDGMENT` `RECEIPT DATED 05/01/2023`
`Exhibit P1`	`TRUE COPY OF THE ORIGINAL APPLICATION` `OA(EKM) NO. 220/2023 WITH ANNEXURES`
`Exhibit P2`	`CERTIFIED COPY OF THE ORDER OF THE KERALA` `ADMINISTRATIVE TRIBUNAL, ERNAKULAM IN` `OA(EKM) 220/2023 DATED 07/02/2023`
`Exhibit P3`	`TRUE COPY OF THE CIRCULAR` `NOSUB.C3/100/2022/P&ARD DATED 8-11-2022`
`Exhibi P4`	`TRUE COPY OF THE JUDGMENT DATED 28-11-2022` `IN OA 178/2021`

Nebu.a, v. State of Kerala

Case brief

What is this about?

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Nebu.a, v. State of Kerala

Case brief

What is this about?

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