KERALA PUBLIC SERVICE COMMISSION Vs. JISHA I.

JUDGEMENT

(1.) The Kerala Public Service Commission (for short 'KPSC') and its officers had preferred this Original petition challenging common order passed by the Kerala Administrative Tribunal in OA (EKM) Nos. 1902/2019 and 2006/2019. By the impugned order, the KPSC was directed to advise 7 candidates from Annexure A1 ranked list within a period of two months.

(2.) The short facts of the case are as under:- The applicants before the Tribunal are persons who were included in Annexure A1 ranked list published by KPSC on 6/6/2016. The post to which they have sought for selection was Junior Public Health Nurse, Grade II. The applicant in OA (EKM) No.1902/2019 contended that there are 21 vacancies as mentioned in Annexures 2 to 6 and therefore they sought for a direction to the 2nd respondent, the District Medical Officer (Health), to report those vacancies to the KPSC and to direct KPSC to issue necessary advice from the said ranked list. The applicant in OA No.2006/2019 contended that only 7 vacancies were reported. It was contended that as per an interim order dated 8/11/2019 in OA (EKM) No.1902/2019, the Tribunal had directed the District Medical Officer (Health) to report 21 substantive vacancies. It is pointed out that 17 vacancies were reported to the KPSC. The KPSC had issued advice memo against 7 vacancies which were reported first. According to them, if advice memos are issued to 7 vacancies alone without issuing advice memos to the remaining candidates, Annexure A1 ranked list will expire on such advice. Therefore, the remaining candidates will not be advised and appointed to the said category.

(3.) KPSC took up a contention that the ranked list came into force on 6/6/2016 and three year period was over on 5/6/2019. As per the 4th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure (hereinafter referred to as 'KPSC Rules'), the validity of the ranked list stands extended for a period of one year or until at least one candidate is advised from the ranked list, whichever is earlier. It is pointed out that 7 vacancies were reported on 17/9/2019 by the appointing authority and the rotation was approved on 19/10/2019. The advice against 7 vacancies were approved on 19/10/2019 and the ranked list stood cancelled with effect from the said date ie 19/10/2019. It is pointed out that 3 more vacancies were reported on 28/10/2019. Since the same was reported after the expiry of the ranked list, advice could not be made by the KPSC.