HARISH M.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are unsuccessful applicants in O.A. No.440/2014 filed by them before the Kerala Administrative Tribunal. They are included in Annexure -A3 ranked list published by the Kerala Public Service Commission for appointment to the post of Sub Inspector of Police (Trainee) in the General Executive Branch -Open, with rank Nos.450, 607, 760 and 816 respectively. The prayer sought in the O.A. was to require the respondents to forthwith report 267 vacancies to the Public Service Commission. However, on the ground that O.A. was not maintainable, by order dated 21.03.2014, their application was dismissed by the Tribunal without prejudice to their rights to move again. It is this order which is challenged in this original petition.

(2.) WHEN this original petition came up for hearing before this Court on 18.08.2014, considering the rival submissions made, this court passed an order requiring the second respondent to file an affidavit clarifying the factual details mentioned in the said order. The order dated 18.08.2014 reads thus: "The issue raised in this original petition is regarding the liability of the respondents to report additional vacancies of Sub Inspector of Police (General Executive) to the Public Service Commission. The petitioners are those candidates who are included in Annexure A3 ranked list published on 11/9/13 for the purpose of filling up the 50% of the vacancies to the post of Sub Inspector of Police (General Executive) by direct recruitment. According to them, there are more than 244 vacancies to be reported and in order to compel the respondents to do so, they unsuccessfully approached the Kerala Administrative Tribunal. Though they have contended in the OA that the cadre strength is 1912 posts and that 50% thereof should go to the direct recruitment quota, in the statement filed by the 2nd respondent before this Court, it is stated that the number of posts that are earmarked for direct recruitment is only 698. It is also stated that till 15/4/14, 331 vacancies available in the direct recruitment have already been reported to the Public Service Commission and the remaining 6 more vacancies would also be reported to the Public Service Commission. However, in the reply affidavit filed, petitioners have produced Ext.P3 judgment of this Court rendered on 13/12/2007 and pointed out that this Court has found that the cadre strength as on that date was 1389. It is also stated that subsequently by Exts.P6 to P46 Government Orders issued during the period from 10/6/2008 to 21/6/14, 346 additional posts were also created. It is contended that at any rate 50% of the 346 posts viz., 173 posts are liable to be reported to the Public Service Commission for advising candidates from Annexure A3 ranked list.

(3.) THOUGH in the statement filed by the 2nd respondent, it is stated that till 15/4/14, 331 vacancies were available in the direct recruitment quota and that those vacancies have all been reported to the Public Service Commission, the statement is not clear whether the vacancies so reported to the Public Service Commission also include 50% of the 346 posts created as per Exts.P6 to P46 Government orders.