[Cites 14, Cited by 0]
Kerala High Court
Asha U vs State Of Kerala on 16 February, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
OP(KAT)Nos.482, 496 & 499 of 2025 1 2026:KER:12906
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 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
OP(KAT) NO. 482 OF 2025
AGAINST THE ORDER DATED 03.04.2025 IN OA NO.1947 OF 2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/2ND APPLICANT IN THE ORIGINAL APPLICATION:
LEKSHMI C.A
AGED 42 YEARS
W/O SUNIL KUMAR C,
ANAKKATTIL HOUSE,
KOTTAMKULANGARA, AVALOOKUNNU P.O,
ALAPPUZHA, PIN - 688006
BY ADVS.
SMT.REKHA VASUDEVAN
SMT.ELIZABETH V.JOSEPH
SMT.ASWATHY ANILKUMAR
SMT.SOYA D.C
SHRI.MAHESH C.R.
SMT.ANN MARY ANSEL
RESPONDENT(S)/RESPONDENTS IN ORIGINAL APPLICATION:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, ROOM NO. 138,
2ND FLOOR NORTH BLOCK, SECRETARIAT,
GOVERNMENT SECRETARIAT, STATUE,
THIRUVANANTHAPURAM-695001, KERALA
2 DIRECTOR OF GENERAL EDUCATION
GENERAL EDUCATION DIRECTORATE, JAGATHI P.O,
THIRUVANANTHAPURAM, KERALA, PIN - 695041
3 DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA, KERALA, PIN - 688001
4 DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION,
OP(KAT)Nos.482, 496 & 499 of 2025 2 2026:KER:12906
DISTRICT OFFICE, PSC BHAVAN, NEAR DISTRICT
COLLECTORATE ALAPPUZHA, KERALA, PIN - 688001
OTHER PRESENT:
SRI. A.J. VARGHESE, SR. GP;
SRI. P. C. SASIDHARAN, SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 29.01.2026, THE COURT ON 16.02.2026 DELIVERED THE
FOLLOWING:
OP(KAT)Nos.482, 496 & 499 of 2025 3 2026:KER:12906
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 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
OP(KAT) NO. 496 OF 2025
AGAINST THE ORDER DATED 03.04.2025 IN OA NO.886 OF 2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/1ST AND 3RD APPLICANT IN THE ORIGINAL APPLICATION:
1 ASHA U
AGED 42 YEARS
D/O UTHAMAN, SHIVASHAILAM, SOUTH ARYAD,
AVALOOKUNNU P.O, ALAPPUZHA, PIN - 688006
2 RANI M JOSEPH
AGED 49 YEARS
D/O M.V JOSEPH, MARY LAND, CHAKKAYIL,
AMBALAPPUZHA, ALAPPUZHA, PIN - 688005
BY ADVS.
SMT.REKHA VASUDEVAN
SMT.ELIZABETH V.JOSEPH
SMT.ASWATHY ANILKUMAR
SMT.SOYA D.C
SHRI.MAHESH C.R.
SMT.ANN MARY ANSEL
RESPONDENT(S)/RESPONDENTS IN THE ORIGINAL APPLICATION:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, ROOM NO. 138,
2ND FLOOR NORTH BLOCK,
SECRETARIAT, GOVERNMENT SECRETARIAT,
STATUE, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
GENERAL EDUCATION DIRECTORATE, JAGATHI P.O,
THIRUVANANTHAPURAM,
KERALA, PIN - 695041
OP(KAT)Nos.482, 496 & 499 of 2025 4 2026:KER:12906
3 DEPUTY DIRECTOR OF EDUCATION
NEAR CIVIL STATION, ALAPPUZHA,
KERALA, PIN - 688001
4 THE SECRETARY
KERALA PUBLIC SERVICE COMMISSION,
THULASI HILLS, PATTOM PLACE P.O,
THIRUVANANTHAPURAM , KERALA, PIN - 695004
5 RESHMA RAMESH
W/O ANOOP HARI, RESIDING AT KOZHINJOORTHAZHE HOUSE,
MUTHOLI P.O., KOTTAYAM, KERALA, PIN - 686573
6 FASILA A
W/O SHAFI SUHRA, RESIDING AT VELIPARAMBIL.
THIRUMALABHAGAM, THURAVOOR, CHERTHALA,
KERALA, PIN - 688540
7 SURYA MOHANAN
W/O VINEESH, RESIDING AT ASARIPARAMBU,
PATHIRAPPALLY P.O., ALAPPUZHA, KERALA, PIN - 688521
8 HENSA SEBASTIAN
D/O SEBASTIAN, RESIDING AT KIZHAKKEVEETIL,
CHETHY P.O., CHERTHALA, KERALA, PIN - 688530
9 VEENA A.V
W/O ROOPKUMAR, RESIDING AT THACHIKKATTU. CMC-3.
MANORAMA JUNCTION, CHERTHALA,, KERALA, PIN - 688524
10 REMYAMOL
W/O OMANAKKUTTAN, RESIDING AT PUTHUVAL HOUSE,
THOTTAPPALLY P.O., ALAPPUZHA, KERALA, PIN - 688561
11 SREELATHA C
W/O BAIJU, RESIDING AT BAIJU BHAVANAM, ERICKAVU P.O.,
KARTHIKAPPALLY, ALAPPUZHA, KERALA, PIN - 690516
12 SEEMA U
W/O HARIKRISHNAN, RESIDING AT HARIMANDIRAM,
MUTTAM P.O., CHEPPAD, HARIPAD-KERALA, PIN - 690511
13 SUBHALEKSHMI S
D/O SASIDHARAKURUP, RESIDING AT KALEECKAL
PADEETTATHIL, THANNIKUNNU P.O., CHUNAKKARA,
MAVELIKKARA, KERALA, PIN - 690534
14 BISMI S
W/O MOHANAN PILLAI, RESIDING AT HARIMANGALATH (H),
THAMARAKULAM P.O., ALAPPUZHA,
KERALA, PIN - 690530
OP(KAT)Nos.482, 496 & 499 of 2025 5 2026:KER:12906
15 MANJU P
W/O SHAIJU, RESIDING AT PULINKALA VEEDU,
MAHADEVESWARAM KILIMANOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695601
16 ARUMINA AJAY
W/O YATHU, RESIDING AT AVANI, KANJIPPADAM,
ALAPPUZHA DISTRICT-688005,, KERALA
17 SAJITHA R
W/O RADHISH, RESIDING AT DEVI NIVAS, VAZHUVADY,
THAZHAKKARA, ALAPPUZHA DISTRICT-KERALA, PIN - 690102
18 BIJI S
W/O MADHU, RESIDING AT RADHANILAYAM, ERAMALLOOR,
ALAPPUZHA DISTRICT, PIN - 688537
SR. GP SRI. A.J.VARGHESE
SC, KPSC, SRI.P.C.SASIDHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 29.01.2026, ALONG WITH OP(KAT).499/2025 AND CONNECTED CASES,
THE COURT ON 16.02.2026 DELIVERED THE FOLLOWING:
OP(KAT)Nos.482, 496 & 499 of 2025 6 2026:KER:12906
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 16TH DAY OF FEBRUARY 2026 / 27TH MAGHA, 1947
OP(KAT) NO. 499 OF 2025
AGAINST THE ORDER DATED 03.04.2025 IN OA NO.2181 OF 2021 OF KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONER(S)/3RD APPLICANT IN THE ORIGINAL APPLICATION
SYAMA D
AGED 43 YEARS
W/O SHRI. SHIJU R, SEEMA BHAVANAM, PUTHIYAVILA,
PATTOLI MARKET, ALAPPUZHA, PIN - 690531
BY ADVS.
SMT.REKHA VASUDEVAN
SMT.ELIZABETH V.JOSEPH
SMT.ASWATHY ANILKUMAR
SMT.SOYA D.C
SHRI.MAHESH C.R.
SMT.ANN MARY ANSEL
RESPONDENT(S)/APPLICANTS 1, 2, 4 AND RESPONDENTS IN ORIGINAL
APPLICATION:
1 SREEDEVI N.S
W/O.SHRI.BINOY V.M, RESIDING AT KIDAPPURATHU CHIRA,
TV PURAM, VAIKOM, KOTTAYAM, PIN - 686606
2 MITHILA M.J
W/O.SHRI. SEETHALKUMAR.C, RESIDING AT 'ATHIRA',
PK NAGAR-3, PATTATHANAM, KOLLAM, PIN - 691021
3 RADHIKA R
W/O.SHRI.S.JAYACHANDRAN, RESIDING AT 'SREEJAYAS',
KAITHAVANA, SANATHANAPURAM,
ALAPPUZHA, PIN - 688003
4 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, ROOM NO. 138,
OP(KAT)Nos.482, 496 & 499 of 2025 7 2026:KER:12906
2ND FLOOR NORTH BLOCK, SECRETARIAT,
GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
5 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION JAGATHY,
THIRUVANANTHAPURAM-KERALA, PIN - 695014
6 DEPUTY DIRECTOR OF EDUCATION
DIRECTORATE OF GENERAL EDUCATION, ALAPPUZHA,
KERALA, PIN - 688001
7 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICE ALAPPUZHA,
KERALA, PIN - 688001
8 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY SECRETARY, KERALA PUBLIC SERVICE
COMMISSION, PATTOM, THIRUVANANTHAPURAM, PIN - 695004
9 DISTRICT OFFICER
KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICE,
ALAPPUZHA, PIN - 688012
10 SREELEKSHMI G
W/O ANOOP S, RESIDING AT 'SREEVALSAM', VELIYANADU P.O,
ALAPPUZHA, PIN - 689590
SR. GP. A.J.VARGHESE
SC, KPSC, SRI.P.C.SASIDHARAN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION
ON 29.01.2026, ALONG WITH OP(KAT).482/2025, 496/2025, THE COURT ON
16.02.2026 DELIVERED THE FOLLOWING:
OP(KAT)Nos.482, 496 & 499 of 2025 8 2026:KER:12906
JUDGMENT
[OP(KAT) Nos.482/2025, 496/2025 & 499/2025]
Muralee Krishna S., J.
The 2nd applicant in O.A.No.1947 of 2021, the 1st and 3rd
applicant in O.A.No.886 of 2021 and the 3rd applicant in
O.A.No.2181 of 2021 on the file of the Kerala Administrative
Tribunal, Thiruvananthapuram, ('the Tribunal' for short) filed
these original petitions, invoking the supervisory jurisdiction of
this Court under Article 227 of the Constitution of India,
challenging the common order dated 03.04.2025 passed by the
Tribunal in those original applications.
2. The applicants in the original applications are included
in the ranked list dated 28.12.2018 for the post of UPSA
(Malayalam Medium) in Alappuzha District, the selection of which
was conducted pursuant to the notification dated 15.10.2014 of
the Kerala Public Service Commission ('the KPSC' for short). As
per G.O.(Rt)No.3287/2021/GEdn dated 06.07.2021, the
Government has ordered that the staff fixation made in
Government and Aided Schools for the year 2019-20 will continue
for the academic years 2020-21 and 2021-22 in the background
of Covid 19 Pandemic. According to the applicants, despite the
existence of a large number of vacancies of UPSA (Malayalam
OP(KAT)Nos.482, 496 & 499 of 2025 9 2026:KER:12906
Medium), the same are not being reported to the KPSC. The
applicants plead that the amendment made to the Right of
Children to Free and Compulsory Education Act, 2009, as per
GO(P)No.1/2021/GEdn dated 05.01.2021, is under challenge in
various original applications before the Tribunal, wherein there is
an interim order of status quo. Therefore, the vacancies of the
Head Masters in various schools, including retirement vacancies,
are being left vacant. In such circumstances, the applicants who
are included in the ranked list of Alappuzha District are seriously
prejudiced due to the non-reporting of the vacancies to the KPSC.
The ranked list published by the KPSC expired on 27.12.2021.
Before the expiry of the ranked list, the applicants filed the
respective original applications under Section 19 of the
Administrative Tribunals Act, seeking a direction against the
Deputy Director of Education, Alappuzha, to report all existing
vacancies of UPSA (Malayalam Medium) and also consequential
vacancies of Head Master promotion and staff fixation, to the
District Officer of the KPSC, Alappuzha, before the expiry of the
ranked list. The applicants have also sought for a direction against
the District Officer of the KPSC, Alappuzha, to issue advice memos
against the vacancies reported, including the applicants from the
ranked list and to direct the Deputy Director of Education,
OP(KAT)Nos.482, 496 & 499 of 2025 10 2026:KER:12906
Alappuzha, to issue orders of appointment against the advised
vacancies, including the applicants from the ranked list.
3. On behalf of the Deputy Director of Education,
Alappuzha, reply statements and additional reply statements are
filed in the original applications raising almost the same
contentions. For convenience, we are referring to the reply
statement dated 03.09.2021 and the additional reply statement
dated 20.06.2024 filed on behalf of the Deputy Director of
Education in O.A.No.886 of 2021. Paragraphs 6 to 11 of the reply
statement dated 03.09.2021 filed on behalf of the Deputy Director
of Education, Alappuzha read thus:
"6. It is humbly submitted that a total No: of 571 posts were
sanctioned in the cadre of U.P. School Teachers (Malayalam
Medium) during 2019-20 in Alappuzha revenue District.
Cadre strength details of UP School Teachers during 2020-
2021 (that staff fixation continuing for this year also)
Mode of Percentage Sanctioned Teachers Excess
appointment now /Short
working
Direct 65% 371 409 +38
Recruitment (Excess)
Inter district 30% 171 116 -55
transfer (Short)
By Transfer 5% 29 9 -20
Appointment (short)
Balance of vacancies 37
7. It is clear from the above cadre strength details that the
no: of teachers working against the direct recruitment
method is excess than the actual percentage earmarked as
OP(KAT)Nos.482, 496 & 499 of 2025 11 2026:KER:12906
per the existing Government Orders.
8. In the cadre strength details given above it is clear that
a total No: of 37 vacancies remaining. Out of this 37
remaining vacancies 29 vacancies were reported to Public
Service Commission. PSC advised 28 candidates one
vacancy kept unfilled by PSC due to the absence of
differently abled candidate in the ranked list) from the above
said ranked list and appointment orders were send to all
these candidates from this office.
9. It is submitted that balance 8 vacancies were earmarked
for inter district Transfer for the years 2019-2020 and 2020-
2021 out of this 8 vacancies earmarked for IDT 5 vacancies
were filled through online Inter District Transfer, balance 3
vacancies is kept unfilled for candidates from IDT under
compassionate ground list. The authority for publishing this
list was Director General of Education.
10. After that 12 vacancies arose from 01.01.2021 to
31.12.2021 which includes anticipated vacancies also due to
retirement & promotion etc. Out of this 12 vacancies 8 were
already reported to Public Service Commission, in this
vacancies 5 candidates were adviced by the PSC and
appointment orders were given to this candidates by this
appointing authority balance No. of 4 vacancies were
earmarked for IDT during the year 2021-2022.
11. As per G.O.(P) 3287/2021/G.Edn dated 06.07.2021
staff fixation for the year 2019-2020 is continuing for the
year 2021-22 also. It is clear from the above details that all
the needful are done by this respondent for ascertaining and
reporting vacancies on the basis of the existing orders. This
respondent is bound to abide by the norms fixed by
Government for filling up of vacancies in Schools and not to
OP(KAT)Nos.482, 496 & 499 of 2025 12 2026:KER:12906
be carried away by any other considerations."
4. Paragraphs 4 to 7 of the additional reply statement
dated 20.06.2024 filed on behalf of the Deputy Director of
Education, Alappuzha, in O.A.No.886 of 2021, which was adopted
in O.A.No.1947 of 2021, read thus:
"4. It is submitted that the cadre strength of UPSA, the
number of teachers working against each mode of
appointment as on 27.12.2021 is shown below.
Mode of Cadre Teachers on Roll Excess/
appointment Strength Short
PSC 85% 485 390 -95
IDT 10% 57 117 +60
By Transfer 5% 29 9 -20
5. It is submitted that this respondent has already taken
steps to fill up the vacancies as hereunder.
Vacancies reported to PSC - 50 vacancies
- 30.10.2020 -01
- 13.08.2021 - 01
- 04.12.2021 - 12
- 16.12.2021 - 10
- 20.12.2021 - 07
- 27.12.2021 - 19
Set apart for IDT - 5 vacancies
IDT under Compassionate 2019-20- 02
IDT under Compassionate 2020-21- 01
IDT under Compassionate 2019-21 - 01
Inter District Transfer - 01
6. Out of 50 vacancies reported to PSC, 3 vacancies were
kept apart by the respondent due to the non availability of
Differently abled candidates and two vacancies were set
OP(KAT)Nos.482, 496 & 499 of 2025 13 2026:KER:12906
apart for by transfer appointment, in the rank list that has
already expired and those vacancies were filled by this
respondent. This Honourable Tribunal vide order dated
26.04.2023 in MA No.790/2023 filed in OA No.2181/21 has
made it clear that the advice which is going to be made by
the Public Service Commission against 28 vacancies referred
in MA No.790/23 in OA No.2181/21 which arose on HM
promotion will be subject to the result of the Original
Applications. It is submitted that the claim of the applicants
in MA 790/23 in OA No 2181/21 is that 28 vacancies arose
on account of HM promotion was before the expiry of the
rank list on 27.12.2021. Тo substantiate the claim, the
applicants have relied on the reply letter of the Public
Information Officer of this respondent's office as Annexure
A19 in the OA No.2181/21. Annexure A19 reply was
provided by this respondent's office in reply to an application
under RTI Act 2005 submitted by Smt.Lekshmi.C.A on
15.07.2022. In the said application the applicant sought
information regarding the vacancies reported in the
category of UPST in Alappuzha Revenue District after
28.12.2021. The reply given by the Public Information
Officer of the office of this respondent vide letter No.
A5/587158/22 dated 06.08.2022 provided the details of
vacancies that arose under the category of UPST in
Alappuzha Revenue District after 28.12.2021 i.e after expiry
of the rank list of UPST mentioned in OA No. 2181/21 as
Annexure 21. True copy of the application dated 15.07.2022
submitted by Smt. Lekshmi.C.A is produced herewith and
marked as Annexure R3(b). True copy of the reply provided
by the Public Information Officer of this respondent's office
is produced herewith and marked as Annexure R3(с).
OP(KAT)Nos.482, 496 & 499 of 2025 14 2026:KER:12906
7. The claim of the applicant's in MA 1925/23 in O.A
No.886/21 is about the 52 additional division vacancies that
arose due to the result of the staff fixation for the year 2022-
23. It is submitted that G.O(P) 3287.21/G.EDN dated
06.07.2021 Government had ordered that the staff fixation
for the year 2019-20 will be applicable for 2020-21 and
2021-22 academic year due to the Covid 19 pandemic. After
the staff fixation order for the year 2022-23 was published
by the Education officer's concerned and 52 additional
division vacancies of UPST were proposed. As per Rule 6 of
chapter XXIII of KER's the additional division vacancies will
be sanctioned by the Government and its effect will be from
1st October of the academic year concerned. Here the
Government had sanctioned 51 additional division vacancies
of UPST against the 52 proposed additional division
vacancies by the Education officers concerned and which will
have effect only from 01.10.2022. However the rank list in
question expired on 27.12.2021. Those 51 additional
vacancies of UPST's cannot be filled up from the said rank
list because those vacancies arosed after the expiry of the
rank list. The applicants cannot claim any right qua the
same."
5. To the reply statement filed by the 3rd respondent, the
applicants filed a rejoinder in the original applications.
6. On 22.12.2021, when the original applications came up
for consideration, the Tribunal passed an interim order directing
the Deputy Director of Education, Alappuzha, to provisionally
report 231 vacancies of UPSA (Malayalam Medium) to the District
OP(KAT)Nos.482, 496 & 499 of 2025 15 2026:KER:12906
Officer of the KPSC, Alappuzha, so as to reach him before the
closing of the office hours on 27.12.2021. Paragraphs 2 to 6 of
that interim order read thus:
"2. The applicants in these Original Applications are
candidates included in the ranked list for the post of U.P
School Assistant(Malayalam Medium) in Education
Department in Alappuzha District(Cat.No.386/2014), which
is due to expire on 27.12.2021. They contend that a large
number of vacancies are yet to be reported to the Public
Service Commission and they claim that at least 231
vacancies should be reported to the PSC before 27.12.2021.
3. Learned Government Pleader opposes the prayer and
stated that there cannot be any provisional reporting of
vacancies in the light of the judgment of the Hon'ble
Supreme Court in The Director of Indian System of
Medicine & another Vs. Dr.Sumi.T & another[SLP (C)
Nos.24214-24221 of 2019]. It is also stated that
candidates included in the ranked list have no right to claim
the vacancies consequent on promotion and the documents
relied on by the applicants cannot be accepted. The
statement of the learned Government Pleader is seriously
disputed by the applicants who rely on various documents
produced in the Original Applications. I find that the matter
requires consideration as to the existence of the vacancies
and there is nothing in the judgment of the Hon'ble Supreme
Court which prevents the Tribunal from exercising such a
power.
4. I heard the learned counsel for the applicants, Standing
Counsel for the Public Service Commission and the learned
Government Pleader.
OP(KAT)Nos.482, 496 & 499 of 2025 16 2026:KER:12906
5. As the Tribunal is closing for the Christmas holidays today
and since the ranked list is due to expire on 27.12.2021,
there will be a direction to the Deputy Director of Education.
Alappuzha to provisionally report 231 vacancies of
UPSA(Malayalaı Medium) to the District Officer of Kerala
Public Service Commission, Alappuzha, so as to reach him
before the closing of the office hours on 27.12.2021.
6. Since the reporting is only provisional, PSC need not
effect advice to those vacancies without further orders from
this Tribunal. Respondents may file reply statement
expeditiously."
7. On behalf of the District Officer of the KPSC, reply
statements and additional reply statements are filed in the original
applications. For easy understanding of the contentions of the
District Officer of the KPSC, we refer to the reply statement dated
09.01.2023 filed in O.A.No.1947 of 2021. Paragraphs 3 to 9 of
that reply statement read thus:
"3. It is submitted that notification inviting applications for
the post of UPSA (Malayalam) - Direct Recruitment in
Education Department in Alapuzha District (Cat.
No.386/2014) for anticipatory vacancies was published in
the Gazette dated, 10.09.2014 and the last date for receipt
of applications was 15.10.2014. An OMR Test and Interview
had been conducted, following which a Ranked List was
published on 28.12.2018 (No. 983/2018/SSSPL) 180
candidates were included in the main List of the Ranked List,
243 candidates in the Supplementary Lists and 8 candidates
in the Differently Abled List. The Ranked List got cancelled
on 27.12.2021 after completing its normal validity of 3 years
OP(KAT)Nos.482, 496 & 499 of 2025 17 2026:KER:12906
period.
4. The applicants Smt. Silpa Chacko A.C. and Smt Lekshmi
C A were Included in the Main List of the Ranked List
assigning rank numbers 88 and 118 respectively. A total
number of 151 advices were issued for the post against the
vacancies reported by the appointing authority. The
applicant Smt. Silpa Chacko got advised on 07.01.2022. The
ranked list was cancelled on 27.12.2021 and no substantive
vacancy reported within the validity period is pending for
advice.
The last advice position is shown below
OC E S ST MLC OBC V SIU HINDU SCC D L L H LD
C /A C-N -N C P V I /C
L P
103 11 R R.4 163 153 R.1 172 R.1 R.3 R.2 154 A NI A
0 8 S/L S/L S/L S/L S.L L L L
S L L
/
L
5. As per the Interim Order dated 22.12.2021 in OA No.
2181 of 2021 and connected cases, the Hon'ble Tribunal
directed the DDE, Alapuzha to report 231 provisional
vacancies for the post so as to reach the office of the
Commission before closing of office hours on 27.12.2021
and further directed PSC not to make advice against these
vacancies until further orders are pronounced by the
Tribunal. In compliance of this Interim Order, 231 vacancies
were received at DO, Alapuzha on 27.12.2021 ie, before the
cancellation of the Ranked List for the post. In compliance
of the interim direction, these provisional vacancies are kept
in abeyance until further orders are pronounced in the OA.
6. The applicants in the OA claim that there are so many
vacancies existing for the post such as vacancy due to
OP(KAT)Nos.482, 496 & 499 of 2025 18 2026:KER:12906
promotion as Head Teacher, retirement vacancies,
vacancies that may arise as a result of completion of staff
fixation etc to be reported to the PSC for advising from the
impugned list.
7. The main averment in the OA is with regard to the non-
reporting of vacancies in the post available in the
Department to PSC. It may be noted that none of the
averments raised in this OA can be redressed by the
Commission. Assessment of vacancies and reporting of the
same do not come under the purview of the Commission,
but under the appointing authority. The Commission have
conducted selection process for the impugned selection as
per relevant rules and issued advice against all the
substantive vacancies reported.
8. The Commission have not done anything illegal in this
case. The Commission is performing its constitutional
function of conducting selection to various posts in
accordance with the existing rules of rotation and
reservation. The applicant Smt. Silpa Chacko got advised for
the post. But the applicant Smt. Lekshmi C A was not
advised since her turn did not arise while making advice
against the vacancies reported for the post following the
Rules of reservation and rotation.
9. The Commission have issued advice to all substantive
vacancies reported by the appointing authority, within the
validity period, following the rules of reservation and
rotation. 231 vacancies reported provisionally as per the
orders of the Hon'ble Tribunal are pending with the
Commission for advice. It may be noted that advice could
be issued against this vacancies on obtaining orders of the
Tribunal and on reporting of these vacancies as substantive
OP(KAT)Nos.482, 496 & 499 of 2025 19 2026:KER:12906
with the date of occurrence falling within the validity period
of the ranked list. The appointing authority is solely
responsible for reporting vacancies to PSC. The ranked list
expired on 27.12.2021 and no substantive vacancies
reported within the validity period are pending for advice.
As far as this respondent is concerned, the OA is devoid of
any merit and is liable to be dismissed as such".
8. The Tribunal considered all three original applications
along with similar such original applications filed in respect of
some other districts, and by Ext.P1 impugned order dated
03.04.2025, dismissed all the original applications, being found as
devoid of merit.
9. The aggrieved petitioners-applicants are now before
this Court with these original petitions.
10. Heard the learned counsel for the petitioners-
applicants, the learned Senior Government Pleader and the
learned Standing Counsel for the Kerala Public Service
Commission.
11. The learned counsel for the petitioners-applicants
would submit that from the additional reply statement dated
20.06.2024 filed by the Deputy Director of Education, Alappuzha,
it is evident that there is a shortage of 95 UPSAs to be appointed
by direct selection. The said vacancies existed before the expiry
of the ranked list on 27.12.2021. Similarly, from the list of Schools
OP(KAT)Nos.482, 496 & 499 of 2025 20 2026:KER:12906
having no Head Teacher produced as Annexure A4 in O.A.No.1947
of 2021, it can be seen that there were no Head Teachers in 107
schools. If Head Master posts were filled in a time-bound manner,
there would be more vacancies of UPSA in the district that could
have been reported to the KPSC. Therefore, according to the
applicants, a total number of 231 vacancies of UPSA (Malayalam
Medium) are to be reported and ought to have been filled before
the expiry of the ranked list. Despite the interim order of the
Tribunal to provisionally report those vacancies, the authorities
concerned did not take action, and it is without considering these
aspects that the original applications were dismissed by the
Tribunal.
12. The learned Senior Government Pleader would submit
that the vacancies claimed by the applicants are 52 additional
division vacancies that arose due to the result of staff fixation for
the year 2022-23. The effect of the additional division vacancies
will be from 1st October for the academic year concerned, as per
Rule 6 of Chapter XXIII of KER. Hence, the sanctioned 51
additional division vacancies of UPST against the 52 proposed
additional division vacancies will have effect only from
01.10.2022.
13. The learned Standing Counsel for the KPSC would
OP(KAT)Nos.482, 496 & 499 of 2025 21 2026:KER:12906
submit that the applicants approached the Tribunal with data
collected under the Right to Information Act. Whether such data
collected under the Right to Information Act can be accepted for
finding that there are unreported vacancies was considered by this
Court in Muhammed Siyad P.A v. Sreejith Appu [2016 (3)
KHC 233] and held that such information cannot be relied on. A
similar question was considered by this Court in the judgment
dated 09.03.2020 in O.P(KAT)No.98 of 2017 and found against
the applicants therein.
14. The learned Senior Government Pleader also pointed
out that the judgment dated 04.12.2024 in O.P.(KAT)No.496 of
2023 wherein a similar question was considered by this Court
based on the judgment in Kerala Aided L.P. and U.P. School,
Kollam v. State of Kerala [2016 KHC 118] and held that if the
policy decision of the Government is well founded not to fill up the
vacancies, the Tribunal or the Court cannot compel the
Government to fill up the those vacancies from the ranked list.
15. Article 227 of the Constitution of India deals with the
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.
OP(KAT)Nos.482, 496 & 499 of 2025 22 2026:KER:12906
16. 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.
17. 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 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
OP(KAT)Nos.482, 496 & 499 of 2025 23 2026:KER:12906
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.
18. 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
manifest failure of justice or the basic principles of natural justice
have been flouted.
19. 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.
OP(KAT)Nos.482, 496 & 499 of 2025 24 2026:KER:12906
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.
20. 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 a lower court or tribunal. The
supervisory jurisdiction cannot be exercised to correct all errors of
the order or judgment of a lower court or tribunal, acting within
the limits of its jurisdiction. The correctional jurisdiction under
Article 227 can be exercised only in a case where the order or
judgment of a lower court or 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 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 or where there has been gross and manifest failure of justice
or the basic principles of natural justice have been flouted.
OP(KAT)Nos.482, 496 & 499 of 2025 25 2026:KER:12906
21. We have carefully perused the materials placed on
record and appreciated the rival submissions made at the Bar.
22. The applicants are relying on the information received
under the Right to Information Act to contend that there are
unreported vacancies of UPSA and also unfilled vacancies of Head
Teacher in Alappuzha district. This contention of the applicants is
refuted in the reply statement filed by the respondents. As found
by the Tribunal, there is no evidence to show that the vacancies
were available due to the sanctioning of additional divisions when
the ranked list was in operation. As per the reply statement filed
by the Deputy Director of Education, the additional division
vacancies were sanctioned after the expiry of the ranked list,
subsequent to the staff fixation for the year 2022-23. In Sreejith
Appu [2016 (3) KHC 233], a Division Bench of this Court held
that the information under the RTI Act produced at best can only
be treated as the vacancy position as understood by the respective
officers and will not bind the appointing authority in any manner
especially on account of the fact that the said officers do not
maintain any document in material form to provide information
regarding the vacancy position with reference to the respective
cadre strength of Assistant Engineers (Electrical).
OP(KAT)Nos.482, 496 & 499 of 2025 26 2026:KER:12906
23. In the judgment dated 09.03.2020 in OP(KAT)No.98 of
2017, after anaysing the factual matrix in that case, this Court
held that the position on the basis of the information received by
the applicants under the Right to Information Act cannot be relied
to hold that the vacancies were existed during the currency of the
ranked list in that case. In the judgment dated 04.12.2024 in
OP(KAT)No.496 of 2023, while considering the matter related to
reporting of vacancies of LPSA and UPSA to the KPSC in Alappuzha
district, this Court held thus:
"14. The Tribunal or this Court cannot compel an appointing
authority to fill up vacancies from a ranked list. [See the
decision of the Full Bench of this Court in Kerala Public
Service Commission and Another v. Sheejamol M.C.
and Others [2020 (5) KHC 555] and the Division Bench
in Jaseena C.K. v. State of Kerala (2023 KHC 504)].
If the policy decision of the Government is well-founded not
to fill up such vacancies, the Tribunal or this Court cannot
compel the Government to fill those vacancies from a
ranked list. The candidates included in the ranked list have
no right to insist the appointing authority to fill those
vacancies by regular hands. In the light of the policies of the
Government, we are of the view that the Tribunal erred in
finding that those substantive vacancies which are available,
have to be filled by the candidates included in the ranked
list. This would amount to overreaching the Government
policies. In the absence of any finding that these vacancies
were withheld arbitrarily by the Deputy Director of
OP(KAT)Nos.482, 496 & 499 of 2025 27 2026:KER:12906
Education, from reporting to the PSC, the Tribunal could not
have ordered reporting of those vacancies. Accordingly, we
set aside the impugned order."
24. From the impugned order of the Tribunal, we notice
that the Tribunal has considered all the factual and legal aspects
while dismissing the original applications. On reappreciation of the
materials on record, we find no illegality and impropriety in the
finding arrived at by the Tribunal. In such circumstances, these
original petitions are liable to be dismissed.
In the result, these original petitions stand dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
nak
OP(KAT)Nos.482, 496 & 499 of 2025 28 2026:KER:12906
APPENDIX OF OP(KAT) NO. 482 OF 2025
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF NOTIFICATION DATED 15.10.2014
FOR SELECTION TO THE POST OF UPPER PRIMARY
SCHOOL ASSISTANTS (MALAYALAM MEDIUM) IN
VARIOUS DISTRICTS AS PER CATEGORY NO.
386/2014 ISSUED BY THE KERALA PUBLIC SERVICE
COMMISSION
Annexure A2 TRUE COPY OF RELEVANT EXTRACT OF RANKED LIST
NO.983/2018/SSPL DATED 28.12.2018 ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION CAT. NO-
Annexure A3 TRUE COPY OF GO(RT)NO.3287/2021/GEDN DATED
06.07.2021 ISSUED BY THE 1ST RESPONDENT.
Annexure A4 TRUE COPY OF LIST OF VACANCIES OF H.M IN
ALAPPUZHA DISTRICT ISSUED BY THE PUBLIC
INFORMATION OFFICER ATTACHED TO THE OFFICE OF
THE 3RD RESPONDENT DATED NIL
Annexure A5 TRUE COPY OF DETAILS OF STRENGTH OF STUDENTS
IN UP SCHOOLS DURING THE ACADEMIC YEAR 2021
- 22 IN ALAPPUZHA DISTRICT DATED NIL
Annexure A6 TRUE COPY OF REQUEST LETTER DATED 04.02.2021
FILED BY A CANDIDATE SMT. ASHA U BEFORE THE
3RD RESPONDENT.
Annexure A7 TRUE COPY OF REPLY LETTER NO. A5/5023/2021
DATED 22.03.2021 RECEIVED FROM THE PUBLIC
INFORMATION OFFICER ATTACHED TO THE OFFICE OF
THE 3RD RESPONDENT
Annexure A8 TRUE COPY OF REQUEST DATED NIL UNDER RTI ACT
SUBMITTED BY SMT. ATHIRA BOSE P BEFORE THE
3RD RESPONDENT.
Annexure A9 TRUE COPY OF LETTER NO. A4/11257/2021 DATED
15.09.2021 ISSUED BY THE PUBLIC INFORMATION
OFFICER ATTACHED TO THE OFFICE OF THE 3RD
RESPONDENT
Annexure A10 TRUE COPY OF GO(MS)NO. 13/2021/P&ARD DATED
08.06.2021 ISSUED BY THE 1 RESPONDENT.
Annexure A11 TRUE COPY OF RELEVANT EXTRACT OF RANKED LIST
NO. 589/2022/SS III DATED 10.10.2022 ISSUED
BY THE KERALA PUBLIC SERVICE COMMISSION
Annexure A18 in OA TRUE COPY OF THE QUESTIONNAIRE BY SMT.LAKSHMI
2181 of 2021 C.A, ALAPPUZHA DISTRICT TO THE PUBLIC
INFORMATION OFFICER, OFFICE OF THE DEPUTY
DIRECTOR OF EDUCATION, ALAPPUZHA DATED
15.7.2022.
Annexure A19 in OA TRUE COPY OF LETTER NO.A5/587158/2022/BDE OF
2181 of 2021 THE PUBLIC INFORMATION OFFICER, OFFICE OF THE
DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DATED
6.8.2022
OP(KAT)Nos.482, 496 & 499 of 2025 29 2026:KER:12906
Annexure A22 in OA TRUE COPY OF THE REQUEST SUBMITTED BY
2181 of 2021 SMT.LAKSHMI.C.A TO THE PUBLIC INFORMATION
OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, ALAPPUZHA
Annexure A23 in OA TRUE COPY OF LETTER NO.A4/752916/2022 DATED
2181 of 2021 22.11.2022 OF THE PUBLIC INFORMATION OFFICER,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA
Annexure A24 in OA TRUE COPY OF THE REQUEST UNDER THE RIGHT TO
2181 of 2021 INFORMATION ACT, 2005 SUBMITTED BY
SMT.SAFEERA N.A TO THE HM, GUPS, PANOORKARA
Annexure A25 in OA TRUE COPY OF THE LETTER NO.55/2022-23 DATED
2181 of 2021 12.8.2022 OF HM, GUPS, PANOORKARA
Annexure A26 in OA TRUE COPY OF THE REQUEST SUBMITTED BY THE 3RD
2181 of 2021 APPLICANT TO THE PUBLIC INFORMATION OFFICER,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA DATED 26.10.2022
Annexure A27 in OA TRUE COPY OF LETTER NO.A5/649640/2022 DATED
2181 of 2021 15.9 2022 OF THE PUBLIC INFORMATION OFFICER,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA
Annexure A28 in OA A TRUE COPY OF THE REQUEST SUBMITTED BY
2181 of 2021 SMT.ASIA.U TO THE PUBLIC INFORMATION OFFICER.
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA DATED 10.7.2023.
Annexure A29 in OA A TRUE COPY OF LETTER NO.DDEALP/5124/23 DATED
2181 of 2021 11.8.2023 OF THE PUBIC INFORMATION OFFICER,
OFICE OR THE DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA.
Annexure A30 in OA A TRUE COPY OF THE APPOINTMENT CHART NO.AR/1-
2181 of 2021 3/4/2021-KPSC-DOALP DATED 09.11.2023 OF 5TH
RESPONDENT
Annexure A31 in OA A TRUE COPY OF THE QUSTION AND ANSWER IN THE
2181 of 2021 15TH KERALA LEGISLATIVE (9TH SESSION)
ASSEMBLY REGARDING STAFF FIXATION ON
11.09.2023
Annexure A10 in OA THE COPY OF APPLICATION UNDER RIGHT TO
886 of 2021 INFORMATION ACT DATED 10/07/2023 SUBMITTED BY
IST APPLICANT BEFORE PUBLIC INFORMATION
OFFICER OF 3RD RESPONDENT.
Annexure A11 in OA REPLY DATED 11/08/2023 ISSUED BY THE PUBLIC
886 of 2021 INFORMATION OFFICER OF 3RD RESPONDENT TO THE
1ST APPLICANT.
Annexure R3(b) TRUE COPY OF THE APPLICATION DATED 15.07.2022
SUBMITTED BY SMT. LEKSHMI.C.A
Annexure R3(c) TRUE COPY OF THE REPLY PROVIDED BY THE PUBLIC
INFORMATION OFFICER OF THIS RESPONDENT'S
OFFICE
Exhibit P1 A TRUE COPY OF THE ORDER DATED 03.04.2025 IN
OA NO. 1947 OF 2021 ON THE FILES OF THE
HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL,
OP(KAT)Nos.482, 496 & 499 of 2025 30 2026:KER:12906
THIRUVANANTHAPURAM
Exhibit P2 A TRUE COPY OF THE ORIGINAL APPLICATION FILED
BY THE PETITIONER (O A NO. 1947 OF 2021) ALONG
WITH THE ANNEXURES ON THE FILES OF THE
HONOURABLE TRIBUNAL
Exhibit P2(a) A TRUE COPY OF THE MA TO JOIN TOGETHER FILED
BY THE PETITIONER IN OA 1947 OF 2021
Exhibit P3 A TRUE COPY OF THE ADOPTION MEMO ALONG WITH
THE REPLY STATEMENT IN OA 886 OF 2021, FILED
BY THE 3RD RESPONDENT IN OA 1947 OF 2021 ON
THE FILES OF THE HONOURABLE TRIBUNAL
Exhibit P4 A TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER IN OA 1947 OF 2021 ON THE FILES OF
THE HONOURABLE TRIBUNAL
Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED
22.12.2021 IN OA 886 OF 2021
Exhibit P6 A TRUE COPY OF THE MA NO. 2028 OF 2022 FOR
PRODUCTION OF DOCUMENTS AND DIRECTION IN OA
1947 OF 2021 ON THE FILES OF THE HONOURABLE
TRIBUNAL
Exhibit P7 A TRUE COPY OF THE ANNEXURE A18 AND A19 IN MA
NO. 2018 OF 2022 IN OA 2181 OF 2021
Exhibit P8 A TRUE COPY OF THE MA NO. 671 OF 2023 IN OA
2181 OF 2021
Exhibit P9 A TRUE COPY OF MA NO.2237 OF 2023 IN OA 2181
OF 2021
Exhibit P10 A TRUE COPY OF THE MA NO.1925 OF 2023 IN OA
886 OF 2021 ON THE FILES OF THE HONOURABLE
TRIBUNAL
Exhibit P11 A TRUE COPY OF THE MA NO. 1021 OF 2022 IN OA
1947 OF 2021 ALONG WITH ITS ORDER DATED
30.05.2022 ON THE FILES OF THIS HONOURABLE
TRIBUNAL
Exhibit P12 A TRUE COPY OF THE REPLY STATEMENT FILED BY
THE 4TH RESPONDENT IN OA 1947 OF 2021
Exhibit P12(a) A TRUE COPY OF THE REPLY STATEMENT FILED BY
THE 3RD RESPONDENT IN OA 1947 OF 2021 ON THE
FILES OF THE HONOURABLE TRIBUNAL
Exhibit P13 A TRUE COPY OF THE MEMORANDUM FOR ADOPTING
ADDITIONAL REPLY STATEMENTS FILED BY THE 3RD
RESPONDENT IN OA 886 OF 2021 ON THE FILES OF
THE HONOURABLE TRIBUNAL
