District Officer vs Suneera P
2023 Latest Caselaw 489 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 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                        OP(KAT) NO. 9 OF 2023
 AGAINST THE ORDER OF THE KERALA ADMINISTRATIVE TRIBUNAL IN M.A
  (EKM) NO.1835/2022 IN O.A(EKM) 1769/2021 DATED 20/10/2022 )
PETITIONER :

             DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION,
             MALAPPURAM-676 505, KERALA.
             BY ADV P.C.SASIDHARAN


RESPONDENTS/APPLICANTS & RESPONDENTS 1 TO 3:

    1        SUNEERA P, AGED 32 YEARS, W/O. ABDUL LATHEEF, SAIVAN,
             MANIKKYAPARAMBU, NATTUKKAL P.O., PALAKKAD, KERALA-
             678583 MOBILE-9847907151
    2        ROSEMOL THOMAS MALIAKAL, AGED 37 YEARS,
             W/O. B.J. JOSHY, BRAHMAKULATH THEKKATH HOUSE,
             MANALUR P.O, THRISSUR-680617, PH:8547851631, KERALA
    3        STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO
             GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.
    4        DIRECTOR OF GENERAL EDUCATION, JAGATHI,
             THIRUVANANTHAPURAM-695014, KERALA.
    5        DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM- 676505.,
             KERALA

             BY ADVS.P.NANDAKUMAR
             GP SRI BIJOY CHANDRAN

     THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(KAT) No.9 of 2023
                                             2




                    A.K. JAYASANKARAN NAMBIAR
                                            &
                        MOHAMMED NIAS C.P., JJ
                   ......................................................
                            OP(KAT)No.9 of 2023
               .................................................................
               Dated this the 11th day of January, 2023.


                                     JUDGMENT

A.K. Jayasankaran Nambiar, J.

The present OP(KAT) has been preferred against an interim order

of the Tribunal, which directed the Kerala Public Service Commission

(PSC) not to advice candidates from Annexure A7 rank list to 60

vacancies reported to the post of UPSA (Malayalam Medium) in

Malappuram District. Arguing for the petitioner PSC, it is the submission

of Sri.P.C.Sasidharan, the learned Standing Counsel that the impugned

order of the Tribunal does not clarify as to which are the 60 vacancies to

which the advice of candidates is prevented from Annexure A7 rank list.

On going through the records, we find that by Ext.P2 order dated

12-01-2022, the Tribunal had provisionally directed the Government to

report 60 vacancies to the post of UPSA (Malayalam Medium) in

Malappuram District, finding prima facie that the said vacancies had to

be reported to accommodate the candidates in the earlier ranked list in OP(KAT) No.9 of 2023

which the applicants before the Tribunal were included. The present

order that is impugned before us obviously makes a reference to those

60 vacancies that were directed to be provisionally reported by the

Tribunal in the order aforementioned.

We therefore, dispose this OP(KAT) by clarifying that the reference

in the impugned order of the Tribunal to the 60 vacancies shall be seen

as a reference to those 60 vacancies that were directed to be reported by

the Tribunal prior to the expiry of the earlier ranked list on 13-01-2022.

By implication, this would mean that for the vacancies reported after 14-

01.2022, the PSC would be free to make advice from Annexure A7 rank

list. Save for this clarification we see no reason to otherwise interfere

with the impugned order of the Tribunal.

The OP(KAT) is disposed as above.

Sd/-

A.K. JAYASANKARAN NAMBIAR, JUDGE

Sd/-

MOHAMMED NIAS C.P.

JUDGE

amk/11-1-23 OP(KAT) No.9 of 2023

APPENDIX OF OP(KAT) 9/2023

PETITIONERS' ANNEXURES :

ANNEXURE1 TRUE COPY OF THE NOTIFICATION DATED 15.10.2014 FOR SELECTION TO THE POST OF UPPER PRIMARY SCHOOL ASSISTANTS (MALAYALAM MEDIUM) IN VARIOUS DISTRICTS AS PER CATEGORY NO. 386 OF 2014 ANNEXURE2 TRUE COPY OF RELEVANT EXTRACT OF RANKED LIST NO.

26/2019/SSV DATED 14.01.2019 ANNEXURE3 TRUE COPY OF THE GO(RT) NO. 3287/2021/GEDN DATED 06.07.2021 ISSUED BY THE 1ST RESPONDENT ANNEXURE4 TRUE COPY OF THE ORDER NO. A2/12639/2021 DATED 26.10.2021 ISSUED BY THE THIRD RESPONDENT ANNEXURE5 TRUE COPY OF THE STRENGTH OF STUDENTS IN UP SCHOOLS DURING THE ACADEMIC YEAR 2021-22 IN MALAPPURAM DISTRICT ANNEXURE6 TRUE COPY OF HTE GO (MS) NO. 13/2021/P&ARD DATED 08.06.2021 ISSUED BY THE 1ST RESPONDENT ANNEXURE A7 TRUE COPY OF THE RELEVANT EXTRACT OF RANKED LIST NO. 5991/2022/SSIII DATED 10.10.2022 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION EXHIBIT P1 THE TRUE COPY OF THE APPLICATION IN O.A(EKM) 1769/2021 EXHIBIT P2 THE COPY OF THE ORDER IN OA(EKM) NO.1769/2021 DATED 12/1/2022 EXHIBIT P3 THE TRUE COPY OF THE REPLY STATEMENT FILED BY THE COMMISSION DATED 10/6/2022 EXHIBIT4 THE TRUE COPY OF THE MISCELLANEOUS APPLICATION (MA EKM 1835/2022) DATED 18/10/2022 EXHIBIT P5 THE TRUE COPY OF THE ORDER IN M.A (EKM) NO.

1835/2022 DATED 20/10/2022