[Cites 11, Cited by 0]
Kerala High Court
Aswathy C.A vs State Of Kerala on 9 February, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
OP(KAT) NO. 475 OF 2025
AGAINST THE ORDER DATED 25.09.2025 IN O.A.NO.181 OF 2022 ON THE
FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 3 & 4:
1 ASWATHY C.A., AGED 38 YEARS
WIFE OF SANALKUMAR A., VISHNUVILASAM, MAVARTHALAKONAM,
NALANCHIRA P.O., THIRUVANANTHAPURAM DISTRICT, KERALA.,
PIN - 695015
2 SADIK A., AGED 34 YEARS
SON OF ABDUL LATHEEF, SABEENA MANZIL, CHENTHAPOOR,
DECEN JUNCTION P.O., KOLLAM DISTRICT, KERALA., PIN -
691577
BY ADVS.SRI.S.M.PRASANTH
SRI.K.RAMAKUMAR (SR.)
SHRI.T.RAMPRASAD UNNI
SRI.T.H.ARAVIND
SHRI.SHEHIN S.
SMT.RESHMA DAS P.
RESPONDENTS/RESPONDENTS & APPLICANTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
2 THE SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE (M) DEPARTMENT, GOVERNMENT
2
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
3 THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE,
AROGYA BHAVAN, P.B. NO. 182, THIRUVANANTHAPURAM., PIN
- 695001
4 THE DISTRICT MEDICAL OFFICER,
OFFICE OF THE DISTRICT MEDICAL OFFICER OF INDIAN
SYSTEMS OF MEDICINE, DISTRICT GOVERNMENT AYURVEDA
HOSPITAL, PADANNAKKAD P.O., PADANNAKKAD,
PATHANAMTHITTA DISTRICT., PIN - 671328
5 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
6 THE DISTRICT OFFICER,
DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
TIGER HILLS, BUILDING NO. KMC 11-38-D, MUNICIPAL ROAD,
PULIKUNNU, PATHANAMTHITTA, KERALA., PIN - 671121
7 LIJEESH P.
AGED 37 YEARS
SON OF BALAN N., PATTUVALAPPIL HOUSE, MADIKERI P.O.,
NILESHWAR (VIA), KASARAGOD DISTRICT, KERALA., PIN -
671314
8 DEEPA S.
AGED 32 YEARS
D/O. SATHYAN R., PARANIKIMAMVILA VEEDU, MUTTAPPALAM
P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, KERALA.,
PIN - 695145
OTHER PRESENT:
SMT. PRINCY XAVIER, SR. GP;
SRI. P. C. SASIDHARAN , SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.02.2026, ALONG WITH OP(KAT).2/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
3
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
OP(KAT) NO. 2 OF 2026
AGAINST THE ORDER DATED 25.09.2025 IN O.A.NO.183 OF 2022 ON THE
FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 1, 3, 4 & 6:
1 ANU V.V., AGED 36 YEARS
D/O. VIJAYAKUMAR K.N., AGED 36 YEARS, VARANATHU HOUSE,
KIDANGOOR SOUTH P.O., KOTTAYAM, KERALA., PIN - 686583
2 VIPINRAJ P.K., AGED 37 YEARS
S/O. KUTTAN P.K., PANAKALAM HOUSE, PEROOR P.O.,
KOTTAYAM DISTRICT, KERALA., PIN - 686637
3 VEENA VIJAYAN, AGED 33 YEARS
D/O. VIJAYAN, KOTTUKAPPALLIL HOUSE, KALATHUKADAVU
P.O., KOTTAYAM DISTRICT, KERALA., PIN - 686579
4 MUHAMMED RAFEEK J., AGED 34 YEARS
S/O. JALALUDHEEN, KOTTOOR THEKKETHIL, THEKKETHIL,
KANJAVELY, KOLLAM DISTRICT, KERALA., PIN - 691602
BY ADVS.SRI.S.M.PRASANTH
SRI.K.RAMAKUMAR (SR.)
SHRI.T.RAMPRASAD UNNI
SRI.T.H.ARAVIND
SHRI.SHEHIN S.
SMT.RESHMA DAS P.
RESPONDENTS/RESPONDENTS & APPLICANTS 2 & 5 IN OA:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.,
4
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
PIN - 695001
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH AND FAMILY WELFARE (M),
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM., PIN -
695001
3 THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINES,
OFFICE OF THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE,
AROGYA BHAVAN, P.B. NO. 182, THIRUVANANTHAPURAM., PIN
- 695001
4 THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT
MEDICAL OFFICER OF INDIAN SYSTEMS OF MEDICINE,
DISTRICT GOVERNMENT AYURVEDA HOSPITAL, PADANNAKKAD
P.O., KOTTAYAM DISTRICT., PIN - 671328
5 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
6 THE DISTRICT OFFICER
DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
TIGER HILLS, BUILDING NO. KMC 11-38-D, MUNICIPAL ROAD,
PULIKUNNU, KOTTAYAM., PIN - 671121
7 AKHIL K.J., AGED 32 YEARS
SON OF JAYAKRISHNAN K.K., MECHERIL HOUSE,
CHOZHIYAKADU, CHANNANIKADU P.O., KOTTAYAM, KOTTAYAM
DISTRICT, KERALA., PIN - 686533
8 LALU J.S., AGED 37 YEARS
S/O. STENSILAS, KUDUMBAVILA VEEDU, MAVILAKADAVU,
KULATHOOR, VENKADAMBA P.O., THIRUVANANTHAPURAM
DISTRICT, KERALA., PIN - 695506
OTHER PRESENT:
SRI. K. RAMAKUMAR, SR.
SMT. PRINCY XAVIER, SR. GP;
SRI. P. C. SASIDHARAN , SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.02.2026, ALONG WITH OP(KAT).475/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
5
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
JUDGMENT
Anil K. Narendran, J.
The petitioners are the applicants in O.A.Nos.181 of 2022
and 183 of 2022 on the file of the Kerala Administrative Tribunal
at Thiruvananthapuram, filed invoking the provisions under
Section 19 of the Administrative Tribunals Act, 1985, seeking a
declaration that inaction on the part of the respondents in
identifying and allocating 4 posts of Ayurveda Therapists in
Ayurveda Medical Education Department, Homeo Department,
etc., (AYUSH Department) from among 300 posts sanctioned in
Annexure A2 Government order dated 19.02.2021 for
Pathanamthitta District [O.A.No.181 of 2022] and 8 posts for
Kottayam District [O.A.No.183 of 2022] and reporting the same
for advice and appointment is in violation of the fundamental
rights guaranteed to the applicants under Articles 14, 16, 19 and
21 of the Constitution of India; an order directing respondents 1
to 3 to identify and allocate 4 posts of Ayurveda Therapists from
among 300 posts sanctioned in Annexure A2 for Pathanamthitta
District [O.A.No.181 of 2022] and 8 for Kottayam District
[O.A.No.183 of 2022] and report the same for advice and
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
appointment; and an order directing the 4th respondent District
Medical Officer to report 4 vacancies of Ayurveda Therapists for
advice and appointment from Annexure A1 ranked list in
O.A.No.181 of 2022 before its expiry on 26.02.2022 and 8
vacancies from Annexure A1 ranked list in O.A.No.183 of 2022
before its expiry on 06.03.2022.
2. The petitioners-applicants were included in Annexure
A1 ranked list published by the Kerala Public Service Commission
for recruitment to the post of Ayurveda Therapists in the Indian
Systems of Medicine. The ranked list in O.A.No.181 of 2022
came into effect from 27.02.2019 and that in O.A.No.183 of
2022 came into force from 07.03.2019. In the original
applications, the applicants placed reliance on Annexure A2 order
dated 19.02.2021 issued by the 1st respondent State, whereby
2799 posts were sanctioned in principle for strengthening the
Health Department in the State of Kerala, out of which 300 posts
are under AYUSH Department. The said Government order reads
thus;
"സംസ്ഥാനത്തെ ത്ത ാതുജനാര ാഗ്യ രേഖല ശക്തിത്തെടുെുന്ന
തിന്ത്തെ ഭാഗ്ോയി ആര ാഗ്യ രേഖലയിൽ താത്തെെെയും പ് കാ ം
2799 ുതിയ തസ്തികകൾ തതവെിൽ സൃഷ്ടിച്ചു
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
ഉെ വാകുന്നു.
1. ആര ാഗ്യ വകുെ് ഡയെക്ടരെറ്റിന് കീെിൽ 1200 ുതിയ
തസ്തികകൾ
2. ത്തേഡിക്കൽ വിദ്യാഭയാസ വകുെിന് കീെിൽ 1299 ുതിയ
തസ്തികകൾ (േുൻ ിയാ ം ത്തേഡിക്കൽ രകാരേജിത്തല
സ്റ്റാഫുകത്തേ ഏത്തറ്റടുക്കുന്നതിനായി കണ്ണൂ ിത്തല സർക്കാർ
ത്തേഡിക്കൽ രകാരേജിൽ 772 വിവിധ തസ്തികകൾ ഉൾത്തെത്തട)
3. ആയുഷ് വകുെിന് കീെിൽ 300 ുതിയ തസ്തികകൾ
രേൽ സൃഷ്ടിച്ച തസ്തികകൾ ഏതു സ്ഥാ നെിരലക്കാത്തെന്നും
അതിൻ്ത്തെ കാറ്റഗ്െി, ശമ്പേ സ്ത്തകയിൽ തുടങ്ങിയവ
ഉൾത്തക്കാള്ളുന്ന വിശദ്ോയ ഉെ വ് ിന്നീട്
ുെത്തെടുവിക്കുന്നതാണ്. ബന്ധത്തെട്ട വകുെ് തലവന്മാർ
ഇതിനുള്ള തുടർ നട ടികൾ സവീക ിരക്കണ്ടതാണ്."
(underline supplied)
3. The document marked as Annexure A3 is a copy of
the Government order dated 01.11.2016, whereby 10 posts of
Therapists were created in the hospitals under Ayurveda College,
Thiruvananthapuram.
4. Before the Tribunal, the 3rd respondent Director of
Indian Systems of Medicine filed a statement dated 23.02.2022
in O.A.No.181 of 2022. Paragraph 4 of that statement reads
thus;
"4. It is respectfully submitted that Government have
accorded in principle approval for the sanction of 300 posts
in AYUSH Department as per the Government Order
OP(KAT)Nos.475 of 2025 and 2 of 2026
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G.O.(Rt)No.52/2021/H&FWD dated 19.02.2021. The
Department of Indian Systems of Medicine is one among
many departments under AYUSH viz., Ayurveda Medical
Education Department, Homeo Department, etc. and
hence it cannot be concluded that the newly sanctioned
300 posts are solely for Indian Systems of Medicine
Department. Moreover District wise, Institution wise,
Category wise details of this 300 new posts are not
included in said Government Order. In the light of this
Government Order, Indian Systems of Medicine
Department forwarded detailed proposal for 222 posts in
various categories with a financial commitment of
Rs.84,60,244/- per month on 27.07.2021. Out of this 222
newly recommended posts, 80 posts are for Therapist in
various hospitals across the State, in which 4 posts of
Threpaist are recommended for Pathanamthitta District
viz. Government Ayurveda Hospital, Kadampanad,
Government Ayurveda Hospital, Angadical North,
Government Ayurveda Hospital, Omalloor and Government
Ayurveda Hospital, Thiruvalla. But the Government has
deferred the proposal for post creation vide letter
No.A1/80/2020/AYUSH dated 19.01.2022. At present there
are no vacancies of Ayurveda Therapists in Pathanamthitta
District." (underline supplied)
5. In O.A.No.183 of 2022, the 3rd respondent Director of
Indian Systems of Medicine filed a statement dated 25.02.2022,
producing therewith Annexure R3(a) letter dated 19.01.2022.
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
Paragraph 4 of that statement reads thus;
"4. It is respectfully submitted that Government have
accorded in principle approval for the sanction of 300 posts
in AYUSH Department as per the Government Order
GO(Rt)No.52/2021/H&FWD dated 19.02.2021. The
Department of Indian Systems of Medicine is one among
many departments under AYUSH viz, Ayurveda Medical
Education Department, Homeo Department, etc. and
hence it cannot be concluded that the newly sanctioned
300 posts are solely for Indian Systems of Medicine
Department. Moreover District wise, Institution wise,
Category wise details of this 300 new posts are not
included in said Government Order. In the light of this
Government Order, Indian Systems of Medicine
Department forwarded detailed proposal for 222 posts in
various categories with a financial commitment of Rs.
84,60,244/ per month on 27.07.2021. Out of this 222
newly recommended posts, 80 posts are for Therapist in
various Hospitals across the State, in which 4 posts of
Therapist are recommended for Kottayam District viz
Government Ayurveda Hospital, Vaikom, Government
Ayurveda Hospital, Kidangoor, Government Ayurveda
Hospital, Nattakam, Government Ayurveda Hospital,
Teekoy and Government Ayurveda Hospital, Muzhoor. But
the Government has deferred the proposal for post
creation vide letter No.A1/80/2020/AYUSH dated
19.01.2022. At present there are no vacancies of Ayurveda
Therapists in Kottayam District. The true copy of
OP(KAT)Nos.475 of 2025 and 2 of 2026
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Government Letter No.A1/80/2020/AYUSH dated
19.01.2022 issued by AYUSH(A) Department is produced
herewith and marked as Annexure R3(a)."
(underline supplied)
6. The Government letter dated 19.01.2022, which is
marked as Annexure R3(a) in the statement dated 25.02.2022
filed by the 3rd respondent Director of Indian Systems of
Medicine in O.A.No.183 of 2022 reads thus;
"Sub: Ayush Dept - Post creation package - ISM
Department - Reg
Ref: Your letter No.D3-53419/2018 dated 03.01.2020,
06.02.2021, 27.07.2021
I am to invite your attention to the reference cited and to
inform you that the proposal is deferred."
(underline supplied)
7. After considering the rival contentions, the Tribunal by
Ext.P3 common order dated 25.09.2025 dismissed both the
original applications. Paragraphs 8, 9 and also the last paragraph
of Ext.P3 order read thus;
"8. The learned counsel for the applicant reiterated the
contention that 300 posts were created vide order dated
19.02.2021 when the ranked lists were in existence. In
compliance with the interim orders of this Tribunal dated
25.02.2022, 4 vacancies have been provisionally reported
in the District of Pathanamthitta and 8 in Kottayam
OP(KAT)Nos.475 of 2025 and 2 of 2026
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District. Since the posts were already created and
vacancies provisionally reported during the lifetime of the
ranked list, the applicants are eligible for advise and
appointment. The learned Government Pleader produced
across the Bench G.O.(Ms.)No.9/2023/AYUSH dated
07.07.2023 by which only 124 posts were created in the
Department of AYUSH. Out of this, 40 posts are that of the
Ayurveda Therapist. Three each of these posts are in the
Districts of Pathanamthitta and Kottayam. However, these
posts are created only with effect from the date of the
Government Order which is 07.07.2023. Learned Standing
Counsel for the PSC submitted that the post of Ayurveda
Therapist was notified as Category No.251/2024 in
Kottayam District and a fresh ranked list has come into
effect from 04.08.2025. In case of Pathanamthitta District,
the post was notified as Category No. 613/2024 and a
Probability List was come into effect from 25.06.2025.
9. The applicants place reliance on the Government Order
dated 19.02.2021 by which 300 posts were created under
the AYUSH Department. The Government Order shows that
it is only an 'in principle' approval and the Department/
Category/Institution wise details are to be issued
subsequently for which the Heads of Departments were
required to submit proposals. The proposal for distribution
of these posts was submitted by the 3rd respondent which
was deferred by the 1st respondent vide communication
dated 19.01.2022 at Annexure-R3(a). It was only vide
order dated 07.07.2023 the category-wise distribution of
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the posts in the Department of Indian Systems of Medicine
was ordered. According to this order, 40 posts of Ayurveda
Therapist were created of which 3 each are in the Districts
of Pathanamthitta and Kottayam. However, there in no
retrospective effect for this Government Order. The
applicants can have a claim only against the posts which
were vacant when the respective ranked list were in-
existence. The Government Orders dated 19.02.2021 and
07.07.2023 would show that the newly created posts of
Ayurveda Therapists in the Districts of Kottayam and
Pathanamthitta have come into existence only with effect
from 07.07.2023, when the ranked list were already
cancelled. Accordingly, the contention that the applicants
are eligible to be advised against the post newly created
through Annexure A2 is not found to be sustainable.
Original Applications are dismissed."
8. Heard arguments of the learned Senior Counsel for
the petitioners-applicants in both the original petitions, the
learned Senior Government Pleader for respondents 1 to 4 and
also the learned Standing Counsel for Kerala Public Service
Commission for respondents 5 and 6.
9. The learned Senior Counsel for the petitioners-
applicants would contend that Ext.P3 order dated 25.09.2025 of
the Tribunal in O.A.Nos.181 and 183 of 2022 was one passed
without taking note of the legal and factual contentions raised by
OP(KAT)Nos.475 of 2025 and 2 of 2026
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the applicants. When the posts were created by Annexure A2
Government order dated 19.02.2021, the Tribunal went wrong in
declining the reliefs sought for in the original applications. In
support of the arguments, the learned Senior Counsel would
place reliance on the judgment of the Apex Court in Ajith G.
Das v. State of Kerala [2024 KLT OnLine 3036].
10. On the other hand, the learned Senior Government
Pleader and also the learned Standing Counsel for Kerala Public
Service Commission would submit that 124 posts were created in
the Department of Ayush, vide G.O.(Ms.)No.9/2023/AYUSH
dated 07.07.2023, with effect from 07.07.2023. The validity of
Annexure A1 ranked list in O.A.Nos.181 of 2022 and 183 of 2022
expired on 26.02.2022 and on 06.03.2022 respectively. The
Public Service Commission issued a fresh notification for the post
of Ayurveda Therapists, as Category No.251/2024 in Kottayam
District and a fresh ranked list came into force with effect from
04.08.2025. In Pathanamthitta District, the post was notified as
Category No.613/2024 and the Probability List came into force
with effect from 25.06.2025.
11. Article 227 of the Constitution of India deals with
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power of superintendence over all courts by the High Court.
Under clause (1) of Article 227 of the Constitution, every High
Court shall have superintendence over all courts and tribunals
throughout the territories in relation to which it exercises
jurisdiction.
12. In Shalini Shyam Shetty v. Rajendra Shankar
Patil [(2010) 8 SCC 329] the Apex Court, while analysing the
scope and ambit of the power of superintendence under Article
227 of the Constitution, held that the object of superintendence,
both administrative and judicial, is to maintain efficiency, smooth
and orderly functioning of the entire machinery of justice in such
a way as it does not bring it into any disrepute. The power of
interference under Article 227 is to be kept to the minimum to
ensure that the wheel of justice does not come to a halt and the
fountain of justice remains pure and unpolluted in order to
maintain public confidence in the functioning of the tribunals and
courts subordinate to the High Court.
13. In Jai Singh v. Municipal Corporation of Delhi
[(2010) 9 SCC 385], while considering the nature and scope of
the powers under Article 227 of the Constitution of India, the
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Apex Court held that, undoubtedly the High Court, under Article
227 of the Constitution, has the jurisdiction to ensure that all
subordinate courts, as well as statutory or quasi-judicial tribunals
exercise the powers vested in them, within the bounds of their
authority. The High Court has the power and the jurisdiction to
ensure that they act in accordance with the well established
principles of law. The exercise of jurisdiction must be within the
well recognised constraints. It cannot be exercised like a 'bull in
a china shop', to correct all errors of the judgment of a court or
tribunal, acting within the limits of its jurisdiction. This
correctional jurisdiction can be exercised in cases where orders
have been passed in grave dereliction of duty or in flagrant
abuse of fundamental principles of law or justice.
14. In K.V.S. Ram v. Bangalore Metropolitan
Transport Corporation [(2015) 12 SCC 39] the Apex Court
held that, in exercise of the power of superintendence under
Article 227 of the Constitution of India, the High Court can
interfere with the order of the court or tribunal only when there
has been a patent perversity in the orders of the tribunal and
courts subordinate to it or where there has been gross and
OP(KAT)Nos.475 of 2025 and 2 of 2026
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manifest failure of justice or the basic principles of natural justice
have been flouted.
15. In Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1)
KHC 1] a Division Bench of this Court held that, the law is well
settled by a catena of decisions of the Apex Court that in
proceedings under Article 227 of the Constitution of India, this
Court cannot sit in appeal over the findings recorded by the
lower court or tribunal and the jurisdiction of this Court is only
supervisory in nature and not that of an appellate court.
Therefore, no interference under Article 227 of the Constitution
is called for, unless this Court finds that the lower court or
tribunal has committed manifest error, or the reasoning is
palpably perverse or patently unreasonable, or the decision of
the lower court or tribunal is in direct conflict with settled
principles of law.
16. In view of the law laid down in the decisions referred
to supra, the High Court in exercise of its supervisory jurisdiction
under Article 227 of the Constitution of India cannot sit in appeal
over the findings recorded by the Administrative Tribunal. The
supervisory jurisdiction cannot be exercised to correct all errors
OP(KAT)Nos.475 of 2025 and 2 of 2026
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in the order of the Administrative Tribunal, acting within the
limits of its jurisdiction. The correctional jurisdiction under Article
227 can be exercised only in a case where the order of the
Administrative Tribunal has been passed in grave dereliction of
duty or in flagrant abuse of fundamental principles of law or
justice. Therefore, no interference under Article 227 is called for,
unless the High Court finds that the Administrative Tribunal has
committed a manifest error, or the reasoning is palpably
perverse or patently unreasonable, or the decision of the Tribunal
is in direct conflict with settled principles of law or where there
has been gross and manifest failure of justice or the basic
principles of natural justice have been flouted.
17. The specific contention raised by the learned Senior
Counsel for the petitioners-applicants is that by Annexure A2
Government order dated 19.02.2021, 300 posts were created in
AYUSH Department and therefore, the Tribunal went wrong in
advising the applicants in O.A.Nos.181 of 2022 and 183 of 2022
as Ayurveda Therapists in Pathanamthitta and Kottayam Districts
respectively, from Annexure A1 ranked list in the respective
original applications, before its expiry on 26.02.2022 and
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
06.03.2022 respectively. According to the learned Senior
Counsel, the applicants in O.A.No.181 of 2022 are entitled for
advice and appointment as Ayurveda Therapists, against 4
vacancies in Pathanamthitta District, and the applicants in
O.A.No.183 of 2022 are entitled for advice and appointment
against 8 vacancies in Kottayam District.
18. As rightly pointed out by the learned Senior
Government Pleader for the State and official respondents, i.e.,
respondents 1 to 4, and the learned Standing Counsel for Kerala
Public Service Commission for respondents 5 and 6, by Annexure
A2 Government order dated 19.02.2021 issued by the 1 st
respondent State, 2799 posts were sanctioned in principle for
strengthening the Health Department of State of Kerala, out of
which 300 posts are under AYUSH Department. As evident from
Annexure R3(a) Government letter dated 19.01.2022, produced
along with the statement dated 25.02.2022 filed in O.A.No.183
of 2022, by the 3rd respondent Director of Indian Systems of
Medicine, the proposal in Annexure A2 Government order dated
19.02.2021 for creation of posts in AYUSH Department was
deferred. Thereafter, 124 posts were created in AYUSH
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
Department only by G.O.(Ms.)No.9/2023/AYUSH dated
07.07.2023, out of which 40 posts are that of Ayurveda
Therapists. 3 posts each of Ayurveda Therapists were created in
Pathanamthitta District and Kottayam District, with effect from
07.07.2023, i.e., the date of the said Government order. Since
Annexure A1 ranked list for Pathanamthitta District and
Kottayam District expired on 26.02.2022 and on 06.03.2022
respectively, the applicants in O.A.Nos.181 of 2022 and 183 of
2022, who were candidates included in those ranked list, could
not be advised to the newly created posts of Ayurveda Therapist
in Pathanamthitta District and Kottayam District. The Public
Service Commission issued a fresh notification for the post of
Ayurveda Therapists, as Category No.251/2024 in Kottayam
District and a fresh ranked list came into force with effect from
04.08.2025. In Pathanamthitta District, the post was notified as
Category No.613/2024 and the Probability List came into force
with effect from 25.06.2025. Therefore, the Tribunal cannot be
found fault with in rejecting the contention raised by the
applicants that they are eligible to be advised from Annexure A1
ranked list in O.A.Nos.181 of 2022 and 183 of 2022, against the
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
newly created posts of Ayurveda Therapist in Annexure A2
Government order dated 07.07.2023, since the actual creation of
posts was by the Government order dated 07.07.2023.
19. In Ajith G. Das [2024 KLT OnLine 3036], a
decision relied on by the learned Senior Counsel for the
petitioners-applicants, the Apex Court was dealing with a case in
which the Kerala Public Service Commission published a ranked
list in the year 2020, based on notifications of the years 2014
and 2015, after a prolonged selection process, for District wise
recruitment as Junior Health Inspector Gr.II in Kerala Municipal
Common Service. Many vacancies remained unfilled due to
overlapping of candidates across different District wise lists and
exhaustion of the ranked lists. The appellants before the Apex
Court, who were included in the ranked lists, sought expansion
of the lists to fill the remaining vacancies. The Public Service
Commission rejected the recommendation made by the State
Government for expansion of the ranked lists. The Kerala
Administrative Tribunal as well as the High Court upheld the
decision of the Public Service Commission not to expand the
ranked list. The Apex Court allowed the Civil Appeals, by setting
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
aside the judgment of the High Court and directed the Public
Service Commission to expand the ranked list under the 2014
notification to include the additional vacancies identified by the
State Government. In paragraph 25 of the decision, the Apex
Court held that the principle of equity demands that the
appellants' grievances be addressed in a manner that balances
individual rights with administrative exigencies. Denying them
the opportunity to be considered for the additional vacancies
under the 2014 notification would amount to a grave injustice.
20. In the instant case, as already noticed hereinbefore,
the posts of Ayurveda Therapists in the AYUSH Department were
created only with effect from 07.07.2023, much after the expiry
of Annexure A1 ranked list in O.A.Nos.181 of 2022 and 183 of
2022, which expired on 26.02.2022 and 06.03.2022 respectively.
Therefore, the applicants are not legally entitled for advice and
appointment against those posts and the principles laid down in
the decision of the Apex Court referred to supra do not support
the case of the petitioners-applicants. Since the reasoning of the
Tribunal in Ext.P3 order dated 25.09.2025 in O.A.Nos.181 and
183 of 2022 is neither perverse nor patently illegal, no
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
interference of this Court in exercise of the supervisory
jurisdiction under Article 227 of the Constitution of India is
warranted.
In the result, these original petitions fail and are
accordingly dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
AV
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
APPENDIX OF OP(KAT) NO. 475 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF RANKED LIST NO.143/2019/DOH FOR
THE POST OF AYURVEDA THERAPIST
PATHANAMTHITTA IN INDIAN SYSTEMS OF MEDICINE
ISSUED BY THE KERALA PUBLIC SERVICE
COMMISSION
Annexure A2 TRUE COPY OF G.O.(MS) NO. 52/2021/H&FWD. DT.
19.02.2021 ISSUED BY THE HEALTH & FAMILY
WELFARE DEPARTMENT OF GOVERNMENT OF KERALA
Annexure A3 TRUE COPY OF G.O.(MS) NO. 20/2016/AYUSH DT.
01.11.2016 ISSUED BY THE AYUSH DEPARTMENT OF
GOVT. OF KERALA
Annexure A4 TRUE COPY OF LIST OF ISM HOSPITAL WITH
NUMBER OF THERAPIST PERMANENT AND PLAN
PROJECTS ISSUED BY THE JOINT DIRECTOR - II,
INDIAN SYSTEMS OF MEDICINE
Annexure A5 TRUE COPY OF ORDER DATED 22.12.2021 IN O.A.
NO. 2314 OF 2021 ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION
Exhibit P2 A TRUE COPY OF STATEMENT THROUGH THE LEARNED
GOVERNMENT PLEADER ON 23.02.2022
Exhibit P3 A TRUE COPY OF THE ORDER DATED 25.09.2025 IN
O.A. NO. 181 OF 2022 ON THE FILE OF THE
KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM BENCH
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
APPENDIX OF OP(KAT) NO. 2 OF 2026
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF RANKED LIST NO.158/2019/DOK
(CAT. NO. 194/2017) FOR THE POST OF AYURVEDA
THERAPIST - KOTTAYAM IN INDIAN SYSTEMS OF
MEDICINE ISSUED BY THE KERALA PUBLIC SERVICE
COMMISSION
Annexure A2 TRUE COPY OF G.O.(MS) NO.52/2021/H&FWD/ DT.
19.02.2021 ISSUED BY THE HEALTH & FAMILY
WELFARE DEPARTMENT OF GOVERNMENT OF KERALA
Annexure A3 TRUE COPY OF G.O.(MS) NO. 20/2016/AYUSH DT.
01.11.2016 ISSUED BY THE AYUSH DEPARTMENT OF
GOVT. OF KERALA
Annexure A4 TRUE COPY OF LIST OF ISM HOSPITAL WITH
NUMBER OF THERAPIST PERMANENT AND PLAN
PROJECTS ISSUED BY THE JOINT DIRECTOR - II,
INDIAN SYSTEMS OF MEDICINE
Annexure A5 TRUE COPY OF ORDER DATED 22.12.2021 IN OA.
NO. 2314 OF 2021 ON THE FILE OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
Annexure R3(a) THE TRUE COPY OF GOVERNMENT LETTER
NO.A1/80/2020/AYUSH DATED 19.01.2022 ISSUED
BY AYUSH(A) DEPARTMENT
Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION
183/2022 ALONG WITH ANNEXURES
Exhibit P2 A TRUE COPY OF THE STATEMENT DATED
25.02.2022 SUBMITTED BY THE LEARNED
GOVERNMENT PLEADER ON BEHALF OF THE THIRD
RESPONDENT
Exhibit P3 A TRUE COPY OF FINAL ORDER O.A.NO 183/2022
DATED 25.09.2025,
