Sasi Kumar.C vs State Of Kerala on 22 August, 2025

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Kerala High Court

Sasi Kumar.C vs State Of Kerala on 22 August, 2025

This original petition is filed by the applicant in O.A.No.2290 of 2023 on the file of the Kerala Administrative Tribunal, Principal Bench, Thiruvananthapuram, ('the Tribunal' for short), by invoking the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India, challenging the order dated 21.03.2025 passed by the Tribunal in that original application.

2. The petitioner is an Ex-Serviceman who suffered 30% disability while on duty. He belongs to Hindu Nadar Community. The petitioner was rank No.7 in Annexure A1 ranked list dated 04.03.2021 for the selection of High School Assistant (Social Science)-Tamil Medium in Idukki District, published by the 3rd respondent Kerala Public Service Commission ('KPSC' in short). Soon after the publication of Annexure A1 ranked list, O.A.No.805 of 2021 was filed before the Tribunal, which was finally ended in dismissal on 15.09.2023. The petitioner alleges that due to the pendency of the said original application, the Department was not keen on calculating and reporting the vacancies, and the vacancies OP(KAT) NO. 334 OF 2025 4 2025:KER:63647 arose then and there were managed by engaging temporary hands/guest teachers. After constant efforts, the petitioner got information that though the cadre strength is 25, only 18 teachers were appointed through KPSC, and out of which, many have obtained interdistrict/interdepartmental transfer, deputation and promotion, etc. The 2nd respondent is duty-bound to report at least 7 existing vacancies and remaining also after finding out the dearth. The petitioner states that even after the dismissal of O.A.No.805 of 2021, all vacancies in the 23 Schools, in which the post of High School Assistant (Social Science)-Tamil Medium are sanctioned, were not reported to the KPSC. According to the petitioner, although there are only 23 Schools, the cadre strength of the High School Assistant (Social Science)-Tamil Medium is 25, as two Schools, namely GVHS, Munnar, and PHSS, Vandipperiyar, have two posts each.

2.1. Before the Tribunal, the petitioner contended that the 2nd respondent has taken a wrong stand that the cadre strength is 23 and the vacancies available in the Department amount to 6, of which 3 are already reported to KPSC, but not advised due to non- availability of candidates in the respective turns. As per Annexure OP(KAT) NO. 334 OF 2025 5 2025:KER:63647 A3 letter dated 24.07.2023 received from the 2nd respondent, one of the three remaining vacancies has been reported to the KPSC, and one is set apart for bytransfer appointment. Decision is yet to be taken regarding the remaining one post, which arose from 01.04.2023 due to retirement of the incumbent. The petitioner contended that as there are no eligible candidates for bytransfer appointment, the said vacancy also has to be reported for direct recruitment. Another incumbent, Sri.Thankaraj, is working on deputation, and the said vacancy is not reported so far. When the actual cadre strength is considered as 25, the total number of vacancies to be reported is 8. By producing Annexure A4 appointment chart, the petitioner contended before the Tribunal that the last vacancy reported was on 30.03.2023, i.e., four months before Annexure A3 reply and it can be presumed that the single vacancy referred in Annexure A4, which the 1st respondent claims to have reported as a single one out of the three kept separately from the batch of 6. From Annexure A4, it can be seen that the 5th rank holder, namely Elizabeth Rani L., in the main list of Annexure A1 ranked list is advised in MR1-OC, and 3 turns are pending over including MR1 Hindu Nadar (on 18.04.2023). So OP(KAT) NO. 334 OF 2025 6 2025:KER:63647 even in the worst-case scenario, the petitioner is eligible and entitled to get advice and be appointed in the third vacancy.

3. The petitioner prayed in the original application to issue a direction to the 2nd respondent to report 8 substantive vacancies to the 3rd respondent and to effect the appointments from Annexure A1 ranked list in a time frame to be fixed by the Tribunal.

4. The 2nd respondent filed a reply statement dated 03.02.2024 in the original application. To that reply statement, the petitioner filed a re-joinder dated 12.02.2024. Thereafter, the 2nd respondent filed an additional reply statement dated 31.07.2024, to which the petitioner filed a re-joinder dated 19.08.2024, producing therewith Annexures A13 to A14(a) documents. The 2nd respondent again filed a statement dated 09.10.2024, to which the petitioner filed a re-joinder dated 18.11.2024, producing therewith Annexures A15 and A16 documents. The 3rd and the 4th respondents filed a reply statement dated nil.

5. On 29.02.2024, the Tribunal passed an interim order as under:

"It is submitted by the learned counsel for the applicant that the ranked list is expiring on 3.3.2024. Learned Government Pleader seeks further time for filing additional statement as regards the OP(KAT) NO. 334 OF 2025 7 2025:KER:63647 contentions raised by the applicant with regard to the existence of substantive vacancies. Considering the fact that the ranked list is expiring on 3.3.2024 there will be a direction to the 2 nd respondent to report 8 vacancies to the 4 th respondent before 5 p.m on 1.3.2024. It is made clear that the above order is purely provisional subject to the further orders from this Tribunal. No advice and appointment shall be made against those vacancies without getting orders from this Tribunal."

6. After hearing both sides and on appreciation of the materials on record, the Tribunal dismissed the O.A. as per the impugned order dated 21.03.2025. Paragraph 13 and the last paragraph of that order read thus:

"13. Annexure A1 ranked list expired 03.03.2024. On 29.02.2024, this Tribunal had directed the 2nd respondent to report 8 vacancies on provisional basis. It is not in dispute that the cadre strength of post of HSA (Social Science) in Tamil Medium, Idukki District is 25. The 2nd respondent has admitted the existence of vacancies in the posts of HSA (Social Science) in Tamil Medium, Idukki District. Though 5 vacancies were reported to Public Service Commission, 3 vacancies remained unfilled for a long time due to non-availability of candidates, as is evident from reply statement of Public Service Commission. But later, one of those three non-availability of candidate vacancies was advised later through NCA Notification. In total, 3 candidates were advised and appointed. One vacancy was reported for By transfer appointment to Public Service Commission and one arose only on 01.05.2024, after the expiry of ranked list. There is nothing on record to show that apart from the 7 vacancies, other vacancies were available for Direct recruitment. The 2nd OP(KAT) NO. 334 OF 2025 8 2025:KER:63647 respondent has explained the method adopted for filling up the above vacancies, which according to us is strictly in accordance with law.

In the absence of any evidence to show that substantive vacancies were available for advice and appointment from Annexure A1 ranked list, the Original Application is dismissed as devoid of merit"

7. Heard the learned counsel for the petitioner, the learned Senior Government pleader and the learned Standing Counsel for KPSC.

8. The learned counsel for the petitioner would submit that the 2nd respondent filed the reply statements with contradictions regarding the availability of vacancies in the post of High School Assistant (Social Science)-Tamil Medium. It was without considering these contradictions, the learned Tribunal dismissed the original application. In the statement of facts of the original petition, these contradictory versions regarding the vacancies stated by the 2nd respondent are given by the petitioner in a chart.

9. On the other hand, the learned Standing Counsel for the KPSC would submit that the petitioner has not specified the Schools wherein the vacancies claimed by the petitioner are in OP(KAT) NO. 334 OF 2025 9 2025:KER:63647 existence, which were not reported to the KPSC. The KPSC has made appointments to the vacancies reported and hence no interference is needed to the impugned order of the Tribunal. The learned Standing Counsel relied on the judgment of this Court in Arshitha P. and Others v. State of Kerala and Others [2022 (2) KHC 299] to support his argument that it is for the candidates to gather the information pertaining to the vacancy positions and provide the same in their pleadings.

10. The learned Senior Government Pleader also supported the argument of the learned Standing Counsel for the KPSC and relied on the judgment of the Apex Court in Director of Indian System of Medicine and Another v. Dr.Susmi C.T. and Another [2022 (1) KHC 340] in support of the contention that as far as the vacancies not reported are concerned, the candidates cannot claim a right of appointment and that the Administrative Tribunal has no role in enquiring into the facts which were not pleaded by the petitioner in the original application.

11. We have carefully perused the pleadings in the original application as well as the reply statements filed by the respondents. As argued by the learned counsel for the petitioner, OP(KAT) NO. 334 OF 2025 10 2025:KER:63647 there are inconsistencies in the reply statements filed by the 2 nd respondent regarding the vacancy position. A comparison of vacancies stated by the 2nd respondent in three conflicting reply statements, which were marked as Exts.P3, P3(b) and P3(d) in the original petition, is narrated in the statement of facts of this original petition. For a better understanding of the same, the said table in the statement of facts is extracted hereunder:

1st reply statement 2nd reply statement 3rd reply statement dated 03.02.2024 dated 31.07.2024 dated 09.10.2024 Admitted only 5 GHS Vattavada PHS Elappara vacancies. Out of (01.04.2022) which 3 are NAC, one is reported for by GHS Chenduvarai PHS Elappara transfer appointment, (05.07.2022) 1 vacancy is set apart for promotion GHS Yellappetty GHS Vagamon (16.18.2022) GHS Vanchivayal GHS Kanjanappara (17.01.2023) GHS Udumbanchola PHS Vandiperiyar (01.04.2023) GVHS Munnar GVHS Munnar (16.01.2024) GHS Marayoor GHS Munnar (01.05.2024 after expiry of ranked list) Note: Admitted Note: Admitted availability of 7 availability of 7 vacancies: Out of vacancies: Out of which 3 are NAC, which 2 are NAC, advice issued in 2, advice issued in 3, OP(KAT) NO. 334 OF 2025 11 2025:KER:63647 one reported for by one reported for by transfer transfer appointment, 1 appointment, 1 vacancy arose on vacancy arose on 01.05.2024 after 01.05.2024 after expiry of ranked list expiry of ranked list

12. By the interim order dated 15.02.2024, the Tribunal had directed the Government Pleader to get instructions with respect to the vacancies pointed out in paragraphs 2 and 3 of the rejoinder dated 12.02.2024 filed by the petitioner. Similarly, as per the interim order dated 29.02.2024, the tribunal directed the 2nd respondent to report 8 vacancies provisionally prior to 5.00 P.M. on 01.03.2024, and accordingly, 8 vacancies were provisionally reported on 01.03.2024.

13. As rightly pointed out by the learned counsel for the petitioner, the vacancy position is differently stated in the 3 reply statements filed by the 2nd respondent. According to the petitioner, daily wage employees are engaged at GHS Yellappetty, GHS Vattavada, GHS Kanjanappara, GHS Nedumkandam and GHS Anakkara. GHS Nedumkandam has been omitted in both the reply statements filed by the respondents. It is also pertinent to note from the submissions of the learned counsel for the petitioner that OP(KAT) NO. 334 OF 2025 12 2025:KER:63647 the cadre strength of High School Assistant (Social Science)-Tamil Medium is 25.

14. On going through the impugned order of the Tribunal, we find force in the submission of the learned counsel for the petitioner that the Tribunal failed to note the contradictory stand in the different reply statements filed by the 2nd respondent. It is true that the candidates, who plead that the vacancies available are not reported have a duty to plead the exact position of vacancies with details of the same in the original application. In the instant case, the petitioner has raised a specific case that there are 8 vacancies available and the Schools are making temporary appointments, not to report those vacancies to the KPSC. As provided in the chart, the stand of the 2nd respondent is contradictory or conflicting with regard to the vacancies. Therefore, the facts of the judgment of the Apex Court in Dr.Susmi C.T. [2022 (1) KHC 340] and that of this Court in Arshitha P. [2022 (2) KHC 299], have no relevance to the instant case. While going through the impugned Order of the Tribunal, keeping in mind the aforesaid facts and materials on record, we are of the opinion that even after directing to OP(KAT) NO. 334 OF 2025 13 2025:KER:63647 provisionally report 8 vacancies, the Tribunal did not consider the contentions of the parties in its proper perspective.

15. In such circumstances, we are of the view that the Tribunal has to be directed to reconsider the original application in view of the pleadings of the parties, especially the contradictory stand taken by the 2nd respondent in the reply statements, regarding the vacancy position.

In the result, this original petition is allowed by setting aside the impugned order dated 21.03.2025 passed by the Kerala Administrative Tribunal, Thiruvananthapuram, in O.A.No.2290 of 2023 and the Tribunal is directed to reconsider the matter afresh, after taking note of the aforesaid observations made in this judgment, giving opportunity to the parties to put forward their case on merits, as expeditiously as possible.

Sd/-

ANIL K.NARENDRAN, JUDGE Sd/-

MURALEE KRISHNA S., JUDGE DSV OP(KAT) NO. 334 OF 2025 14 2025:KER:63647 APPENDIX OF OP(KAT) 334/2025 PETITIONER'S ANNEXURES Exhibit P1 TRUE COPY OF THE MEMORANDUM OF THE OA ALONG WITH THE ANNEXURES Annexure A1 THE TRUE COPY OF THE RANKED LIST OF HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE) TAMIL MEDIUM BEARING NO.93/2021/SS V DATED 04/03/2021 (CAT. NO.655/2017 RANK NO.7 SERIAL NO.19).

Annexure A2 THE TRUE COPY OF THE QUERIES UNDER RTI ACT DATED 02/10/2023 SUBMITTED BY THE APPLICANT TO THE INFORMATION OFFICER, DEPUTY DIRECTOR OF EDUCATION OFFICE, THODUPUZHA.

Annexure A2(a) THE TRUE COPY OF THE REPLY FROM JAYASREE C.K, STATE PUBLIC INFORMATION OFFICER, DEPUTY DIRECTOR OF EDUCATION TO THE APPLICANT BEARING NO.DDEIDK/3170/2023-G2 DATED 20/10/2023.

Annexure A3         THE TRUE COPY OF THE LETTER OF THE 2ND
                    RESPONDENT    TO   THE    APPLICANT   BEARING

NO.A1/5796/2023/D.G.E DATED 24/07/2023. Annexure A4 THE TRUE COPY OF THE APPOINTMENT CHART IN CATEGORY NO. 655/2017 NO.IDB (3) 2824/16, EVIDENCING ADVISES UPTO 18/04/2022.

Exhibit 2 TRUE COPY OF THE MA 939/2024 DATED 06.05.2024 FILED BY THE PETITIONER IN THE OA 2290/2023 Annexure A5 TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, VATTAVADA ALONG WITH POSTAL RECEIPT.

Annexure A5(a) TRUE COPY OF THE REPLY FROM HEADMASTER, GOVERNMENT HIGH SCHOOL, VATTAVADA TO THE APPLICANT DATED 11/03/2024 Annexure A6 TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, CHUNDAVURRAI ALONG WITH POSTAL RECEIPT.

Annexure A6(a) TRUE COPY OF THE REPLY FROM HEADMASTER, GOVERNMENT HIGH SCHOOL, CHUNDAVURRAI TO THE APPLICANT DATED 18/03/2024 Annexure A7 TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, YELLAPETTY ALONG WITH POSTAL RECEIPT OP(KAT) NO. 334 OF 2025 15 2025:KER:63647 Annexure A7(a) TRUE COPY OF THE REPLY FROM PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, YELLAPETTY TO THE APPLICANT DATED 11/03/2024 Annexure A8 TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, VANCHIVAYAL ALONG WITH POSTAL RECEIPT Annexure A8(a) TRUE COPY OF THE REPLY FROM HEADMASTER, GOVERNMENT HIGH SCHOOL, VANCHIVAYAL TO THE APPLICANT DATED 11/03/2024 Annexure A9 TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT HIGH SCHOOL, UDUMBANCHOLA ALONG WITH POSTAL RECEIPT Annexure A9(a) TRUE COPY OF THE REPLY FROM PUBLIC INFORMATION OFFICER (HEADMASTER), GOVERNMENT HIGH SCHOOL, UDUMBANCHOLA TO THE APPLICANT DATED 15/03/2024 Annexure A10 THE TRUE COPY OF QUERY DATED 07/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, GOVERNMENT VOCATIONAL HIGH SCHOOL, MUNNAR ALONG WITH POSTAL RECEIPT Annexure A10(a) TRUE COPY OF THE REPLY FROM HEADMASTER, GOVERNMENT VOCATIONAL HIGH SCHOOL, MUNNAR TO THE APPLICANT DATED 15/03/2024 Annexure A11 TRUE COPY OF QUERY DATED 01/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA Annexure A11(a) TRUE COPY OF THE REPLY FROM PUBLIC INFORMATION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION TO THE APPLICANT DATED 13/03/2024.

Annexure A12 ADVICE CHART AS ON 06-05-2024 IN THE POST OF HSA(SOCIAL SCIENCE) (TAMIL) IDUKKI DISTRICT Annexure A12(a) APPOINTMENT CHART DATED 12-03-2024 IN THE POST OF HSA(SOCIAL SCIENCE) (TAMIL) IDUKKI DISTRICT 19-21 22-23 Exhibit P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 03.02.2024 IN OA 2290/2023 Exhibit P3(a) TRUE COPY OF THE REJOINDER DATED 12.02.2024 FILED BY THE PETITIONER TO THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN OA 2290/2023 Exhibit P3(b) TRUE COPY OF THE ADDITIONAL REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 31.07.2024 IN OA 2290/2023 OP(KAT) NO. 334 OF 2025 16 2025:KER:63647 Exhibit P3(c) TRUE COPY OF THE REJOINDER DATED 19.08.2024 FILED BY THE PETITIONER TO THE ADDITIONAL REPLY STATEMENT FILED BY THE 2ND RESPONDENT IN OA 2290/2023 Annexure A13 TRUE COPY OF QUERY DATED 01/03/2024 SUBMITTED TO THE PUBLIC INFORMATION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA. Annexure A13(a) TRUE COPY OF THE REPLY NO. DDEIDK/799/2024- G2 FROM PUBLIC INFORMATION OFFICER, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION TO THE APPLICANT DATED 13/03/2024.

Annexure A14 TRUE COPY OF THE QUERY SUBMITTED BY APPLICANT UNDER RTI ACT DATED NIL TO THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI Annexure A14(a) TRUE COPY OF THE REPLY BEARING NO.

DDEIDK/3672/2023-G2 DATED 03-12-2023 FROM DEPUTY DIRECTOR OF EDUCATION, IDUKKI Exhibit P3(d) TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 09.10.2024 IN OA 2290/2023 Exhibit P3(e) TRUE COPY OF THE REJOINDER DATED 18.11.2024 FILED BY THE PETITIONER TO THE REPLY STATEMENT FILED BY THE 2ND RESPONDENT DATED 09.10.2024 IN OA 2290/2023 Annexure A15 TRUE COPY OF THE VACANCY DETAILS IN IN CATEGORY 655/2027 PERTAINING TO SELECTION TO THE POST OF HSA SOCIAL SCIENCE (TAMIL) IN IDUKKI DISTRICT UPLOADED IN THE PSC WEBSITE Annexure A16 TRUE COPY OF THE LAST APPOINTMENT CHART PUBLISHED BY THE PSC NO.IDB (3) 2824/16 DATED 05/06/2024 IN CAT 655/2027 PERTAINING TO SELECTION TO THE POST OF HSA SOCIAL SCIENCE (TAMIL) IN IDUKKI DISTRICT Exhibit P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE RESPONDENTS NO. 3 AND 4 ( NIL DATE) SERVED ON THE PETITIONER Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED 11.01.2024 IN OA 2290/2023 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P5(a) TRUE COPY OF THE INTERIM ORDER DATED 15.02.2024 IN OA 2290/2023 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P5(b) TRUE COPY OF THE INTERIM ORDER DATED 29.02.2024 IN OA 2290/2023 ISSUED BY THE OP(KAT) NO. 334 OF 2025 17 2025:KER:63647 HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P5(c) TRUE COPY OF THE INTERIM ORDER DATED 19.08.2024 IN OA 2290/2023 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL Exhibit P6 TRUE COPY OF THE FINAL ORDER DATED 21.03.2025 IN OA 2290/2023 PASSED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL

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