Hareetha.S vs State Of Kerala
2022 Latest Caselaw 6143 Ker

          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
                                 :2:
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:
                                     :3:
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

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

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

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