Kerala High Court
Archana Prabha vs The State Of Kerala on 17 January, 2023
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.
TUESDAY, THE 17TH DAY OF JANUARY 2023 / 27TH POUSHA, 1944
OP(KAT) NO. 17 OF 2023
AGAINST THE ORDER/JUDGMENT IN OA 1479/2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS IN OA:
1 ARCHANA PRABHA
AGED 33 YEARS
D/O N. PRABHAKARANCHITRALAYAM, KALLARVILAKUVETTOM.P.O,
PUNALUR,. KOLLAM, KERALA, PIN - 691331
2 RETHEESH.K
AGED 41 YEARS
S/O KARUNAKARAN, UTHIKUM THARAYIL, VENMANY P.O,
CHENGANNOOR, ALAPPUZHA, KERALA, PIN - 689509
3 VICHITHRAN .C.M
AGED 41 YEARS
S/O BALAN.V.M, VADAKKECHALIL HOUSE, MUCHUKUNNU.P.O,
KOYILANDI(VIA), KOZHIKODE DISTRICT, KERALA,
PIN - 673307
BY ADVS.
SRI.P.HARIHARAN
SRI.JIJUMON H
SMT.ARSHA SATHEESAN
RESPONDENTS/RESPONDENTS IN OA:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES
DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM, KERALA ,
PIN - 695001
2 THE COMMISSIONER OF STATE GOODS AND SERVICES TAX
COMMISSIONARATE OF STATE GOODS AND SERVICES TAX,
TAX TOWER, KARAMANA.P.O, THIRUVANANTHAPURAM, KERALA,
PIN - 695002
:2:
OP(KAT). No.17 of 2023
3 THE KERALA PUBLIC SERVICE COMMISSION
THULSI HILLS, PATTOM PALACE P.O, THIRUVAMNANTHAPURAM,
REPRESENTED BY ITS SECRETARY, PIN - 695004
BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN
SRI.P.C.SASIDHARAN, SC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 17.01.2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
:3:
OP(KAT). No.17 of 2023
JUDGMENT
A.K.Jayasankaran Nambiar, J.
The petitioners before us are aggrieved by the order dated
12.10.2022 of the Kerala Administrative Tribunal dismissing
O.A.No.1479 of 2021.
2. Briefly stated, the facts are that the petitioners were included
in a rank list prepared for Commercial Tax Officers (GST) pursuant to a
special recruitment for SC/ST candidates. While the validity of the rank
list was due to expire in the midst of the COVID pandemic shut-down
period, pursuant to an extension that was granted by the Kerala Public
Service Commission (hereinafter referred to as 'the PSC'), the rank list
actually expired only on 04.08.2021. The petitioners herein approached
the Tribunal a couple of days before the expiry of the rank list on
04.08.2021 seeking a direction to the Government to report additional
vacancies to the post so that they could aspire for an advice against
those vacancies as and when reported. The Tribunal, by the impugned
order, rejected the Original Application, taking note of the fact that the
rank list had already expired on 04.08.2021.
OP(KAT). No.17 of 2023
3. Although it is the contention of the learned counsel for the
petitioners that the Tribunal ought not to have dismissed the Original
Application and ought to have enquired as to whether or not there were
vacancies that remained to be reported, we find that the essence of the
right conferred on a candidate included in a rank list prepared by the
PSC is for consideration to vacancies that have been reported to the
PSC. In other words, the mere existence of a vacancy to the post cannot
confer any right for consideration and appointment, and the vacancies
have to be reported before the candidate in a ranked list can be clothed
with any right that can be agitated before a legal forum. Inasmuch as
such a right did not exist in favour of the petitioners in the instant case,
we see no reason to interfere with the order of the Tribunal impugned
in this OP(KAT). The OP(KAT) fails and is accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P.
JUDGE
mns
OP(KAT). No.17 of 2023
APPENDIX OF OP(KAT) 17/2023
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE NOTIFICATION DATED
31.12.2014 BEARING CATEGORY NO. 689/2014.
Annexure A2 THE TRUE COPY OF THE RELEVANT PAGES OF THE
RANK LIST NO 257/18 SS VI DATED 27/03/2018
IN CATEGORY NO. 689/2014.
Annexure A3 - THE TRUE COPY OF THE REPLY DATED
19.12.2019 BEARING NUMBER 41/ECA 3/2019/
GAD ISSUED BY THE PUBLIC INFORMATION
OFFICER OF GENERAL ADMINISTRATION
DEPARTMENT.
Annexure A4 THE TRUE COPY OF THE REPLY DATED 11/01/201
ISSUED BY PUBLIC INFORMATION OFFICER, STATE
GOODS AND SERVICE TAX DEPARTMENT.
Annexure A5 THE TRUE COPY OF THE STATUS REPORT OF THE
FILE BEARING NUMBER 459/2020 TAKEN FROM THE
WEBSITE…..
Annexure A6 THE TRUE COPY OF THE RELEVANT PAGES OF THE
APPOINTMENT CHART WITH R1C(2) 9439/17/GW
BEARING DATE OF ADVISE OF 19.09.2017 IN
RESPECT TO CATEGORY NO 387/2013.
Annexure A7 THE TRUE COPY OF THE RELEVANT PAGES OF THE
APPOINTMENT CHART WITH NUMBER R1C(2)
9439/17/GW BEARING DATE OF ADVISE OF
29.04.2019 IN RESPECT TO CATEGORY NO
387/2013.
Annexure A8 THE TRUE COPY OF THE RELEVANT PAGES OF THE
OP(KAT). No.17 of 2023
APPOINTMENT CHART WITH NUMBER R1D(3)
4537/18/GW BEARING DATE OF ADVISE OF
10.06.2020 IN RESPECT TO CATEGORY NO
592/2012.
Annexure A9. THE TRUE COPY OF THE RELEVANT PAGES OF THE
APPOINTMENT CHART WITH NUMBER R1D(3)
4537/18/GW BEARING DATE OF ADVISE OF
13.05.2020 IN RESPECT TO CATEGORY NO
592/2012.
Annexure A10 THE TRUE COPY OF THE REPRESENTATION DATED
29/07/2021 SUBMITTED BEFORE THE MINISTER OF
WELFARE OF SCHEDULED CASTE, SCHEDULED
TRIBES AND BACKWARD CLASSES, GOVERNMENT OF
KERALA.
Annexure A11 THE TRUE COPY OF THE JUDGMENT DATED
17/08/2015 IN W.P(C) 24461/2014 OF HON'BLE
HIGH COURT OF KERALA
Annexure12 TRUE COPY OF JOINT APPLICATION
Exhibit P1 TRUE COPY OF THE ORIGINAL APPLICATION (OA
NO.1479/2021) FILED BY THE PETITIONERS
BEFORE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL, TVPM
Exhibit P2 TRUE COPY OF ORDER IN O.A. NO.1479 OF 2021
DATED 12.10.2022 OF KERALA ADMINNISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM DATED
12/10/2022
Exhibit P3 TRUE COPY OF RTI REPLY BY NO. I/185250/2022
RECEIVED FROM THE INFORMATION
COMMISSIONER,KERALA DATED 27/06/2022
