Kerala High Court
Ammu Gopan B vs State Of Kerala on 10 July, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP (KAT) No.299 of 2025 1
2025:KER:51350
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
OP(KAT) NO. 299 OF 2025
AGAINST THE ORDER DATED 12.03.2025 IN OA NO.317 OF 2021
OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.
PETITIONER/APPLICANT:
AMMU GOPAN B, AGED 36 YEARS,
K. GOPAKUMAR, RESIDING AT 'KRISHNA',
VILLA DARLING, KAVANAD, KOLLAM,
KERALA, PIN - 691 003.
BY ADVS.
SRI.C.UNNIKRISHNAN (KOLLAM)
SHRI VIJAYKRISHNAN S. MENON
SHRI.VIVEK NAIR P.
SHRI.M.R.RADHAKRISHNAN
SHRI.G.GOWARDHAN DEV G. NAIR
SMT.SRUTHI SREEKUMAR
SHRI.V.ASWIN
SMT.BINITHA MARIA THOMAS
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT,HEALTH AND FAMILY WELFARE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
OP (KAT) No.299 of 2025 2
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2 THE DIRECTOR OF MEDICAL EDUCATION,
DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
4 THE KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY.,
PIN - 695 001.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER
SRI.A.J.VARGHESE.
R4 BY SRI.P.C.SASIDHARAN, SC, KPSC.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 10.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE & JOHNSON JOHN, JJ.
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OP (KAT) No.299 of 2025
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Dated this the 10th day of July, 2025.
JUDGMENT
A.MUHAMED MUSTAQUE, J.
The petitioner is included in a rank list of the Kerala Public Service Commission (for short 'KPSC') for the post of Bio-Medical Engineer. In fact, he had been working as Assistant Bio-Medical Engineer on a contract basis from 30-04-2011 till 2021 at the Medical College, Thiruvananthapuram. The rank list of the KPSC came into force on 26-03-2018 and expired on 25-03-2021. The KPSC could not advise appointments as there were no sufficient vacancies. Although there was a proposal to create 20 posts, it did not materialize. The Tribunal refused to interfere in the matter, observing that the request for a direction to create posts and make consequential appointments of candidates included in the rank list pertains to the prerogative of the Government to OP (KAT) No.299 of 2025 -: 2 :- 2025:KER:51350 create and sanction posts.
2. As rightly noted by the Tribunal, it is the prerogative of the Government to create and sanction posts. If there were no substantive posts, the KPSC also could not have advised candidates. The rank list already stands cancelled.
3. The petitioner has another case. He claims that he has put in more than ten years of service and is entitled to seek regularization. In our view, this constitutes a different cause of action. The petitioner is at liberty to pursue the same through appropriate proceedings.
With the liberty as above, the Original petition is dismissed.
Sd/- A.MUHAMED MUSTAQUE, JUDGE.
Sd/- JOHNSON JOHN, JUDGE.
amk OP (KAT) No.299 of 2025 -: 3 :- 2025:KER:51350 APPENDIX OF OP(KAT) 299/2025 PETITIONER ANNEXURES :
Annexure A1 TRUE COPY OF THE ORDER DATED 30.04.2011 ISSUED BY THE DIRECTOR OF REGIONAL INSTITUTE OF OPHTHALMOLOGY, THIRUVANANTHAPURAM.
Annexure A2 TRUE COPY OF THE NOTIFICATION DATED 26.12.2014.
Annexure A3 TRUE COPY OF THE RANK LIST DATED 26.03.2018.
Annexure A4 TRUE COPY OF THE DEGREE CERTIFICATE. Annexure A5 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 01.04.2016 ISSUED BY THE DIRECTOR, REGIONAL INSTITUTE OF OPHTHALMOLOGY. Annexure A6 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 05.12.2017 FROM THE PRINCIPAL, MEDICAL COLLEGE, THIRUVANANTHAPURAM. Annexure A 7 TRUE COPY OF THE COMMUNICATION DATED 23.08.2018 BY THE SENIOR FINANCE OFFICER IN THE DME'S OFFICE.
Annexure A8 TRUE COPY OF THE RELEVANT FILE EXTRACTS OBTAINED UNDER THE RIGHT TO INFORMATION ACT.
Annexure A9 TRUE COPY OF THE REPRESENTATION BY K. GOPAKUMAR.
Annexure A10 TRUE COPY OF THE COMMUNICATION DATED 31.07.2019 TO THE DIRECTOR OF HEALTH SERVICES.
Annexure A11 TRUE COPY OF THE COMMUNICATION TO THE MD, KERALA MEDICAL SERVICES CORPORATION DATED 31.07.2019.
Annexure A12 TRUE COPY OF THE PETITIONER ALSO SUBMITTED A REPRESENTATION TO THE OP (KAT) No.299 of 2025 -: 4 :- 2025:KER:51350 HON'BLE CHIEF MINISTER OF KERALA ON 11.01.2021.
Annexure A13 TRUE COPY OF THE LETTER DATED
13.01.2021.ISSUE BY THE MEMBER OF
LEGISLATIVE ASSEMBLY FROM
ERAVIPURAM,KOLLAM,M,NOUSHED. Annexure MA1 TRUE COPY OF THE GOVERNMENT LETTER NOB2/78/2021/H&FWD DATED 12/03/21. Annexure A14 THE TRUE COPY OF TENER INVITING NOTICE NO MKSCL/EP/T418/698/2021DATED 4.10.2021 Annexure A15 TRUE COPY OF THE RELEVANT PAGES OF E-
TENDER DOCUMENT FOR PROPOSAL(RFP)FOR ENGAGING THIRD PARTY FOR BIO-MEDICAL EQUIPMENT MAINTENANCE IN THE STATE OF KERALA.
Annexure A16 TRUE COPY OF THE TENDER CANCELLATION NOTICE DATE 8/11/21 ISSUED BY THE MANAGING DIRECTOR KERALA MEDICAL SERVICES CORPORATION LIMITED.
Annexure A17 THE TRUE COPY OF THE TENDER SUMMARY REPORTS OBTAINED FROM THE TENDERING SYSTEM GOVERNMENT OF KERALA DATED 8/11/21.
Annexure A18 TRUE COPY OF NOTIFICATION DATED 8/11/21ISSUED BY THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE MANJERI. Exhibit P1 TRUE COPY OF THEORDER DATED 12.03.2025 IN OA 317/2021 BY KERALA ADMINISTRATIVE TRIBUNAL, TRIVANDRUM.
Exhibit P2 4. TRUE COPY OF OA 317/2021 FILED BY THE ORIGINAL PETITIONERBEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, TRIVANDRUM DATE 02/01/2021.
Exhibit P3 TRUE COPY OF MA 1280/2021 DATED 24.06.2021 FILED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE REPLY/OBJECTION FILED BY THE ORIGINAL PETITIONER/APPLICANT IN OA DATED 26.07.2021.
OP (KAT) No.299 of 2025 -: 5 :-2025:KER:51350 Exhibit P5 6. TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN OA DATED 09.11.2021.
Exhibit P6 TRUE COPY OF REPLY STATEMENT FILED BY 4TH RESPONDENT ON 22.01.2022IN O.A. 317/2021.
Exhibit P7 TRUE COPY OF REJOINDER ALONG WITH ANNEXURES A14 TO A18 FILED BY THE ORIGINAL PETITIONER/APPLICANT IN OADATED 09.01.2021.