AJITH G. DAS Vs. STATE OF KERALA

JUDGEMENT

(1.) These original petitions raise a question as to the legality of the order passed by the Kerala Administrative Tribunal (KAT) to expand the short list of the candidates prepared by the Kerala Public Service Commission (KPSC), and questions the authority of the Government to recommend KPSC to expand the list. These matters came from different proceedings; however, in view of the common issue, the same are disposed of by a common judgment. We shall advert to the facts of each case:

(2.) (i). O.P.(KAT).No.298/23: This original petition was filed by applicants 2 to 4 in O.A.No.893/2023 on the file of KAT. They were applicants to the post of Junior Health Inspector Grade-II in Municipal Common Service in Malappuram District vide notification dtd. 29/5/2015. The notification was issued in the year 2015. They approached KAT aggrieved by the decision of KPSC not to accept Government recommendation for expansion of the rank list. KAT negatived the challenge.

(3.) We need not labour much on the facts of each case as the same is evident from the impugned orders itself. KAT directed the Government to consider expansion of the list as it felt that a large number of vacancies exist and there were no sufficient candidates in the rank list and, therefore, the Government will have to address such grievance of the candidates for expansion of the select list. The Government, in fact, acted on the direction of KAT in respect of Selection to the post of Junior Health Inspector Grade-II. But the Government recommendation was not accepted by KPSC. That challenge against the decision of KPSC was also negatived by the Tribunal. Therefore, the legal question to be answered by this Court is whether KPSC has to act as per the recommendation by the Government or does KAT have the power to direct the Government to consider the expansion of the list. To understand this issue, we need to understand the constitutional provisions and arguments raised at Bar.