HENNA P.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the applicants in O.A.(EKM)No.1597 of 2025 on the file of the Kerala Administrative Tribunal, Additional Bench at Ernakulam, have filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, seeking an order to set aside Ext.P1 order dtd. 12/2/2026 of the Tribunal in M.A.(EKM)No.240 of 2026 filed in that original application. The applicants, who are included in Annexure A3 ranked list for the post of Agricultural Assistant (Grade II) in the Agriculture Development and Farmers Welfare Department, which came into force with effect from 22/9/2025, filed O.A.(EKM)No.1597 of 2025, invoking the provisions under Sec. 19 of the Administrative Tribunals Act, 1985, seeking an order to set aside Annexure A2 notification dtd. 15/12/2023 (Category No.528/2023) issued by the 3rd respondent Kerala Public Service Commission and to set aside Note I of sub-clause (3) of Clause 7 (qualification) of Annexure A2 to the extent it provides that Rule 10(a)(ii) of Part II of Kerala State and Subordinate Services Rules, 1958, (KS&SSR) is applicable for the selection to the post of Agricultural Assistant (Grade II), in violation of Annexure A1 Government order, i.e., G.O.(Ms)No.93/ 2019/AGRI dtd. 12/7/2019; a declaration that Rule 10(a)(ii) of Part II of KS&SSR is not applicable for the selection to the post of Agricultural Assistant (Grade II) in the light of specific/restrictive provisions in Annexure A1 Government order and in the absence of valid Government order/standing order declaring equivalency; to set aside Annexure A3 ranked list published by the 3 rd respondent Public Service Commission to the extent it includes candidates who possess qualifications other than (i) Diploma in Agriculture or (ii) Diploma in Organic Agriculture from the Kerala Agricultural University, the prescribed qualification in Annexure A1 Government order dtd. 12/7/2019; to direct the 3rd respondent Public Service Commission to recast Annexure A3 ranked list for the post of Agricultural Assistant (Grade II) after excluding the candidates who possess qualifications other than (i) Diploma in Agriculture or (ii) Diploma in Organic Agriculture from the Kerala Agricultural University, as prescribed in Annexure A1 Government order dtd. 12/7/2019 and publish the revised ranked list, within the time frame stipulated by the Tribunal; direct the 3rd respondent to prepare a separate list of candidates with the qualification of Vocational Higher Secondary Certificate in Agriculture; and direct the 3rd respondent to ensure that the educational qualifications of every candidate included in the ranked list that is going to be re-casted in pursuance of the order to be passed by the Tribunal is reflected in a separate column of such re-casted ranked list.

(2.) The interim reliefs sought for in O.A.(EKM)No.1597 of 2025 are (a) stay of operation of Annexure A3 ranked list issued by the 3rd respondent Public Service Commission, for the post of Agricultural Assistant (Grade II) (Category No.528/2023), pending disposal of the original application; and (b) to direct the 1 st respondent State of Kerala, Department of Agriculture to report all substantive vacancies in the post of Agricultural Assistant (Grade II) to the 3rd respondent Public Service Commission, and to direct the Commission to keep the issuance of advice against Annexure A3 ranked list in abeyance, pending final disposal of the original application.

(3.) The petitionersapplicants are candidates who possess Diploma in Agriculture from the Kerala Agricultural University. On 28/10/2025, when O.A.(EKM)No.1597 of 2025 came up for consideration, the Tribunal passed an interim order to the effect that all advice and appointments from Annexure A3 ranked list will be subject to the result of that original application.