IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
OP(KAT) NO. 136 OF 2022
AGAINST THE ORDER DATED 16.02.2022 IN OA (EKM) 261/2022
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS:
1 HAREETHA.S.
AGED 46 YEARS
CHARUVILA VEEDU, CHENCHERIKONAM, ALEMCODE.P.O.,
ATTINGAL (VIA), THIRUVANANTHAPURAM, PIN - 695012
2 DEEPA.A.P.
AGED 36 YEARS
SUDHAKARA VILASAM, KOTTAPPURAM, KOLLODE.P.O.,
KATTAKADA, KULATHUMMAL, KOLLODE,
THIRUVANANTHAPURAM., PIN - 695571
3 SOUMYAMOL.R.,
AGED 36 YEARS
SREETHILIKAM HOUSE, PAMPADY.P.O., KOTTAYAM,
PIN - 686502
4 ANISH.N.
AGED 35 YEARS
7/270, GOKULAM, MUTHALIMAR STREET,
VITHANASSERY, NEMMARA.P.O., PALAKKAD, PIN -
678508
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.ANITHA RAVINDRAN
SRI.HARISANKAR N UNNI
SRI.SARANGADHARAN P.
SMT.N.S.SHAMILA
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OP(KAT) No.136 of 2022
RESPONDENTS/RESPONDENTSS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, THULASI HILL,
PATTOM, THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR,
DIRECTORATE OF COLLEGIATE EDUCATION, 6TH
FLOOR,
VIKAS BHAVAN, PALAYAM, PIN - 695033
BY GOVT. PLEADER SRI.B UNNIKRISHNA KAIMAL
BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME
UP FOR ADMISSION ON 01.06.2022, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
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OP(KAT) No.136 of 2022
JUDGMENT
Mohammed Nias C.P., J.
The applicants in O.A.No.261 of 2022 challenge its dismissal by order dated 16.02.2022 of an application with a prayer inter alia to direct the Public Service Commission to take effective measures for reporting of vacancies and also for a direction to extend Annexure A1 rank list. The Tribunal found that the power to extend the rank list vest with the Public Service Commission on the basis of Proviso 5 to Rule 13 of the Kerala Public Service Commission Rules of Procedure, 1976 and held that it is for the Public Service Commission to satisfy on the existence of the conditions laid down therein to extend the rank list or not. Relying on a bench decision of this Court reported in Subeena v. PSC [2019 (3) KLT 735], the Tribunal held that the Public Service Commission cannot be compelled to extend the validity of the rank list. The judgment is impugned in this OP(KAT) contending that the Public Service Commission had a duty to extend the rank list taking into account the Covid pandemic and the extraordinary situation that prevailed. We find ourselves unable to countenance the said argument. As rightly found by the Tribunal, the prayers sought for in the :4: OP(KAT) No.136 of 2022 application before the KAT could not have been granted for the reason that a direction to virtually compel the Public Service Commission to extend the rank list, could not have been made under law. We do not find anything wrong in the order of the Tribunal warranting interference.
The OP(KAT) fails and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE Sd/-
MOHAMMED NIAS C.P.
JUDGE mns :5: OP(KAT) No.136 of 2022 APPENDIX OF OP(KAT) 136/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE RELEVANT EXTRACT OF THE RANK LIST NO. 121/19/SSIV DATED 18-2-2019 (FOR CATEGORY NO. 507/2015) Annexure A2 TRUE COPY OF THE 1ST APPLICANT'S RESUME ALONG WITH A COPY OF HER EACH CERTIFICATE SHOWING HER ACADEMIC QUALIFICATIONS. Annexure A3 TRUE COPY OF THE 2ND APPLICANTS BIO-DATA ALONG WITH HER EACH CERTIFICATE SHOWING HER ACADEMIC QUALIFICATIONS Annexure A4 TRUE COPY OF THE CERTIFICATES TOGETHER WITH PROFESSIONAL SYNOPSIS OF 3RD PETITIONER Annexure A5 TRUE COPY OF THE CERTIFICATES TOGETHER WITH PROFESSIONAL SYNOPSIS OF THE 4TH PETITIONER.
Annexure A6 TRUE COPY OF THE GOVERNMENT ORDER NO.
3/174/2021/P&ARD DATED 5-10-2021 Annexure A7 TRUE COPY OF THE REPRESENTED SUBMITTED BY THE APPLICANTS DATED 15-1-2022 BEFORE THE HON'BLE CHIEF MINISTER OF KERALA. Annexure A8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DATED 15-1-2022 BEFORE THE 2ND RESPONDENT.
Annexure A9 TRUE COPY OF THE APPLICATION MADE BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 18-1-2022 :6: OP(KAT) No.136 of 2022 Annexure A10 TRUE COPY OF THE REPLY NO.
A3/09/2022/H.EDN DATED 3-2-2022 OF THE 3RD RESPONDENT.
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION NO.
261/2022 FILED BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL.
Exhibit P2 TRUE COPY OF THE ORDER NO. OA(EKM)
261/2022 DATED 16-2-2022 OF THE KERALA ADMINISTRATIVE TRIBUNAL.
RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE