LAWS(KER)-2022-1-177

ARSHITHA P. Vs. STATE OF KERALA

Decided On January 05, 2022
Arshitha P. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioners herein have filed the instant Ext.P1 original application, O.A.(Ekm) No.1977/2021 before the Kerala Administrative Tribunal, Ernakulam Bench, with the following prayers:-

(2.) The interim relief sought for by the petitioners in the above Ext.P1 original application is as follows:-

(3.) The Tribunal, after hearing both sides, has rendered the impugned Ext.P2 common interim order dtd. 3/1/2022 in the instant O.A.(Ekm) No.1977/2021 as well as in a companion matter in O.A.(Ekm) No.1667/2021, and has noted that already 187 appointments have been made to the post of Upper Primary School Teacher (Malayalam) [UPST (Malayalam)] in Wayanad District and various other vacancies have also been reported and that the department has also stated that urgent steps are being taken to report 7 more anticipated vacancies for the year 2022 to the PSC, etc. Thereafter, the Tribunal has held that no material has been produced in the original applications to enable the Tribunal to come to atleast a prima-facie conclusion that there exists more substantive vacancies in the direct recruitment quota in the post of UPST (Malayalam), Wayanad District and that, in the absence of such materials, the Tribunal has not been in a position to rebut the consistent stand of the department that no further substantive vacancies are available for being reported to the Kerala Public Service Commission (KPSC) and therefore held that the prayer for interim relief to direct the respondent appointing authority to report 91 more vacancies, allegedly pointed out in Anx.A2 tabular chart prepared by the applicants, are not tenable and hence the interim prayer cannot be granted and has accordingly rejected the plea for interim relief.