Kerala High Court
Centil Dani P.D vs State Of Kerala on 1 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 1ST DAY OF FEBRUARY 2022 / 12TH MAGHA, 1943
OP(KAT) NO. 17 OF 2022
AGAINST THE ORDER/JUDGMENT IN OA 2395/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 CENTIL DANI P.D.
AGED 46 YEARS
W/O SATHYADAS, PALLIVILA VEEDU, KAKKARAVILA,
PLAMOOTTIKADA P.O.THIRUVANANTHAPURAM-695 122
2 SUJITHA S,
AGED 34 YEARS
W/O GOPAN, GOPIKA NIVAS, TC 76/2115(5), KIZHAKKATHIL
JUNCTION, OLAMKUZHY, ANAYARA P.O.THIRUVANANTHAPURAM-695
029
3 SINDHU L,
AGED 36 YEARS
W/O SHAJI, PUTHENVILA VEEDU, POUDIKONAM,
THIRUVANANTHAPURAM-695 588
BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
S.K.ADHITHYAN
SABU PULLAN
GOKUL D. SUDHAKARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, NALUMUKKU,
OP(KAT) NO. 17 OF 2022
2
PAZHAVANGADY, THIRUVANANTHAPURMA-695 023.
3 THE DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE,
PATTOM, THIRUVANANTHAPURAM-695 004.
SRI. SAIJY JACOB PALATTY, SR.GP AND SRI. P.C.
SASIDHARAN, SC.
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 01.02.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 17 OF 2022
3
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
===================================
OP(KAT) No.17 of 2022
(against the order dated 22.12.2021 in OA No.2395/2021 of the KAT, TVM Bench)
=========================================
Dated this the 1st day of February, 2022
JUDGMENT
Alexander Thomas, J.
The petitioners herein, who are applicants in OA
No.2395/2021 on the file of the Kerala Administrative Tribunal,
Thiruvananthapuram Bench, have filed the instant Original Petition
under Articles 226 and 227 of the Constitution of India as they are
aggrieved by the impugned Ext.P1 final order dated 22.12.2021,
rendered by the Tribunal, dismissing OA No.2395/2021.
2. Heard Dr.K.P.Satheesan, learned Senior Counsel,
instructed and assisted by Sri.P.Mohandas, learned Counsel
appearing for the petitioners in the OP/applicants in the OA, Sri.Saigi
Jacob Palatty, learned Senior Government Pleader appearing for
official respondents No.1 and 2 in the OP/R1 and R2 in the OA and
Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public
Service Commission appearing for R3 in the OP/R3 in the OA.
OP(KAT) NO. 17 OF 2022
3. The petitioners herein/applicants herein had applied in
pursuance of the Selection Notification issued by the respondent
Public Service Commission to the post of High School Assistant Social
Science, Malayalam Medium in Thiruvananthapuram District. After
process of selection, the petitioners herein have been duly included in
Annexure A1 ranklist dated 17.09.2018, finalized by the 3rd
respondent PSC for the above said post in question, in which the
petitioners herein have been included as rank numbers 77, 84 and 137
of the main list of the said rank list. According to the petitioners,
they are essentially aggrieved by the non-reporting of vacancies by
the appointing authority to the respondent PSC, inspite of
availability of substantive vacancies in the direct recruitment quota
etc. The Tribunal after hearing both sides has rendered the
impugned Ext.P1 final order dated 22.12.2021, whereby the instant
OA No.2395/2021 has been dismissed on the ground that the
vacancy requisition report of three substantive vacancies made by
the appointing authority had reached the office of 3 rd respondent
PSC only after the expiry of the ranklist on 16.09.2021 and that
hence it is not within the competence of the Tribunal to issue
directions to the PSC to advice candidates included
OP(KAT) NO. 17 OF 2022
in Annexure A1 ranklist as against vacancies which had been
admittedly reported after the expiry of the ranklist.
4. A brief reference to the factual aspects would be pertinent.
It appears that apart from the instant OA No.2395/2021, some of the
aggrieved candidates included in Annexure A1 ranklist had also
approached the Tribunal by filing OA No.1100/2021 and yet another
OA. There is no dispute that it is common ground that the Tribunal
had passed interim order in OA No.1100/2021 dated 09.09.2021,
directing the appointing authority to provisionally report 25
vacancies of HSA, Social Sciences, Malayalam Medium,
Thiruvananthapuram District to the 3 rd respondent PSC on or before
14.09.2021. Thus also in yet another OA, it appears that the Tribunal
has passed yet another interim direction in OA No.1730/2021 dated
14.09.2021 wherein it was ordered that the appointing authority shall
report 18 more vacancies in the abovesaid post to the PSC before the
expiry of the ranklist on 16.09.2021. It appears that the appointing
authority has reported the abovesaid 25 vacancies + 18 vacancies
covered by interim orders rendered in OA No.1100/2021 and OA
1730/2021, and the said vacancy requisition report, reporting such
provisional vacancies has reached the respondent PSC office well
OP(KAT) NO. 17 OF 2022
before the expiry of the rank list on 16.09.2021. It appears that
without the aid of any interim order, the appointing authority had
voluntarily reported 3 substantive vacancies by a separate vacancy
requisition report on 17.09.2021, which obviously has reached the 3 rd
respondent PSC office after the expiry of the rank list on 16.09.2021.
True that the Tribunal is right in holding that the 3 substantive
vacancies reported by the appointing authority voluntarily on
17.09.2021 has reached the respondent PSC office after the expiry of
the rank list on 16.09.2021. But the fact of the matter is that
altogether 25 vacancies + 18 vacancies totaling to 43 vacancies have
been provisionally reported by the appointing authority to the PSC in
the above said post, and the said vacancy requisition report of those
provisional vacancies based on the interim orders rendered by the
Tribunal in OA No.1100/2021 and OA No. 1730/2021 have indeed
reached the respondent PSC office well before the expiry of the
ranklist on 16.09.2021. Hence we are of the firm view that the above
said admitted three substantive vacancies reported by the appointing
authority after the expiry of the rank list, could be adjusted as against
the above said 43 provisional vacancies reported provisionally by the
appointing authority based on the interim orders of the Tribunal as
OP(KAT) NO. 17 OF 2022
the said provisional reporting of the vacancies has reached the
respondent PSC office, well before the expiry of the rank list
16.09.2021. This crucial aspect of the matter has not been duly taken
note of by the Tribunal. Accordingly it is ordered that the 3 rd
respondent PSC will ensure that advice process is duly completed as
against the abovesaid 3 substantive vacancies, which may be adjusted
as against the above said 43 vacancies provisionally reported, and
such advice process shall be duly completed as against those three
substantive vacancies from amongst candidates included in Annexure
A1 ranklist in accordance with law. Such advice process may be duly
completed by the 3rd respondent PSC without much delay, preferably
at any rate within an outer time limit of eight weeks from the date of
production of a copy of the said judgment. After issuance of advice
memos, the 2nd respondent appointing authority will forthwith issue
appointment orders as against such candidates so adviced by the PSC.
Since the abovesaid relevant aspects have not been duly taken note of
by the Tribunal and in that view of the matter, it is ordered that the
impugned Ext.P1 final order dated 22.12.2021 rendered by the
Tribunal dismissing OA No.2395/2021 will stand set aside. The
Tribunal may ascertain as to whether the other connected OA s viz,
OP(KAT) NO. 17 OF 2022
OA No.1100/2021 and OA No.1730/2021 are pending and if that be
so, those cases may also be disposed of without any further delay,
after ascertaining the correct factual aspects and also duly taking note
of the aspect that the 3 vacancies out of the abovesaid 43 vacancies so
provisionally reported have now been ordered to be utilized for advice
process as per this judgment. The Registry will forward a copy of this
judgment to the Kerala Administrative Tribunal,
Thiruvananthapuram Bench, who is dealing with OA No.1100/2021
and OA No.1730/2021 for necessary information and further action.
With these observations and directions, the above OP will stand
further disposed of.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
VIJU ABRAHAM
JUDGE
Nsd
OP(KAT) NO. 17 OF 2022
APPENDIX OF OP(KAT) 17/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED 22.12.2021 IN OA
NO 2395/2021
Exhibit P2 TRUE COPY OF THE OA NO 2395/2021
ANNEXURE A1 TRUE COPY OF THE RELEVANT PAGES OF TEH RANKED
LIST NO 650/18/SSII IN CATEGORY NO 660/2012
WHICH CAME INTO FORCE ON 17.9.2018
ANNEXURE A2 TRUE COPY OF THE ORDER DATED 9.9.2021 IN OA
NO 1100/2021
ANENXURE A3 TRUE COPY OF THE PROFORMA FOR REPORTING
VACANCIES GIVEN BY THE 2ND RESPONDENT TO THE
3RD RESPONDENT DATED 17.9.2021
ANNEXURE A4 TRUE COPY OF THE LETTER NO A(10 28432/2018
DATED 23.9.2021 WRITTEN BY THE 2ND RESPONDENT
TO THE 3RD RESPONDENT
ANNEXURE A5 TRUE COPY OF THE INFORMATION OBTAINED UNDER
RIGHT TO INFORMATION ACT FROM THE
HEADMISTRESS OF GOVERNMENT HIGHER SECONDARY
SCHOOL, MYLACHAL AS NO 154/2021-22 DATED
30.11.2021
ANNEXURE A6 TRUE COPY OF THE INFORMATION NO 899/11/2021
DATED 5.11.2021 OBTAINED FROM THE
HEADMISTRESS, GOVERNMENT GIRLS HIGHER
SECONDARY SCHOOL PEROORKADA,
THIRUVANANTHAPURAM
ANNEXURE A7 TRUE COPY OF THE INFORMATION NO A1/2437/2021
DATED 4.12.2021 ISSUED FROM THE OFFICE OF THE
DEPUTY DIRECTOR, THIRUVANANTHAPURAM
//true copy//
PA to Judge
