Kerala High Court
Priyanka B.S vs Sree Chitra Tirunal Institute For ... on 6 February, 2025
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
THURSDAY, THE 6TH DAY OF FEBRUARY 2025 / 17TH MAGHA, 1946
OP (CAT) NO. 17 OF 2025
AGAINST THE ORDER DATED 04.02.2025 IN OA NO.22 OF 2025 OF
CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH
PETITIONER(S)/1ST APPLICANT:
PRIYANKA B.S.,
AGED 33 YEARS
RANK NO 231 D/O BHADRAKUMAR T
PERMANENTLY RESIDING AT PARAKONATHU VEEDU,
PALLICHAL, NEMOM P.O, THIRUVANANTHAPURAM, PIN - 685020
BY ADVS.
JINSON OUSEPH
S.VIJAYAN
CHITRA VIJAYAN
BASIL MECHERY
RESPONDENT(S)/RESPONDENT:
1 SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES &
TECHNOLOGY (SCTIMST)
REPRESENTED BY ITS DIRECTOR,
THIRUVANANTHAPURAM,
PIN - 695011
2 GOVERNING BODY REPRESENTED BY ITS CHAIRMAN
SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL SCIENCES &
TECHNOLOGY (SCTIMST), THIRUVANANTHAPURAM, PIN - 695011
3 DEPARTMENT OF SCIENCE AND TECHNOLOGY,
GOVERNMENT OF INDIA, REPRESENTED BY ITS SECRETARY
OP (CAT) NO. 17 OF 2025 -2-
2025:KER:14331
TECHNOLOGY BHAVAN, NEW MEHRAULI ROAD,
NEW DELHI, PIN - 110016
4 GOVERNMENT OF INDIA, REPRESENTED BY ITS
SECRETARY
MINISTRY OF HEALTH & FAMILY WELFARE
(NURSING SECTION), NARIMAN BHAVAN,
NEW DELHI, PIN - 110011
5 NURSES ASSOCIATION (REG NO 01-29-92)
REPRESENTED BY ITS GENERAL SECRETARY
SREE CHITRA TIRUNAL INSTITUTE FOR MEDICAL
SCIENCES & TECHNOLOGY (SCTIMST),
THIRUVANANTHAPURAM, PIN - 695011
6 SOUMYA NELSON
AGED 37 YEARS
RANK NO 210, D/O NELSON K.Y
PERMANENTLY RESIDING AT BETHEL,
KOPPACHIVILAKATHU VEEDU, PALOTTUVILA,
MALAYINKEEZHU P.O THIRUVANANTHAPURAM,
PIN - 695571
7 SREEKARTHIKA P.U
AGED 30 YEARS
RANK NO 137, D/O PONNAYAN AASHARI,
PERMANENTLY RESIDING AT VADAKKETATTU P.O,
ARAYOOR P.O, THIRUVANANTHAPURAM, PIN - 695122
8 SREEPRIYA G
AGED 29 YEARS
RANK NO 72, D/O SURESH BABU,
PERMANENTLY RESIDING AT AIKKARA THEKKATHIL,
KANNIMEL, MARUTHADI P.O, KOLLAM, PIN - 691003
9 SURYA SYAM
AGED 36 YEARS
RANK NO 84, D/O SYAMALAN C.D,
PERMANENTLY RESIDING AT SURYODAYAM,
CHERUKOLE P.O, MAVELIKARA, ALAPPUZHA,
PIN - 690104
OP (CAT) NO. 17 OF 2025 -3-
2025:KER:14331
10 SWATHY C.P
AGED 32 YEARS
RANK NO 93, D/O B CHANDRA BABU,
PERMANENTLY RESIDING AT KARTHIKA, KUNNATHUKAL,
KARAKONAM P.O, THIRUVANANTHAPURAM, PIN - 695504
11 THUSHARA V PILLAI
AGED 37 YEARS
RANK NO 338, D/O VISWAN K,
PERMANENTLY RESIDING AT MULAYARAVEEDU, ARCHAL,
NEDIYARA P.O, ANCHAL, KOLLAM, PIN - 691306
12 ZAHINA MADANI U.P
AGED 27 YEARS
RANK NO 577, D/O KOYA S.,
PERMANENTLY RESIDING AT UMMATHA BIYYA PURA (H),
ANDROTH ISLAND, LAKSHADWEEP, PIN - 682551
13 REMYA I.V
AGED 39 YEARS
RANK 110, D/O VIJAYAN C,
PERMANENTLY RESIDING AT SREE KRISHNA VILASAM,
THKKUMKARA, PALAYAM, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695541
14 RESMI MOL R
AGED 34 YEARS
RANK NO 360, D/O REGHUNATHAN T.G,
PERMANENTLY RESIDING AT EATTICKAMALAYIL (H),
MUNDIYAPPALLY P.O, THIRUVALLA, PATHANAMTHITTA,
PIN - 689581
15 SARANYA S
AGED 30 YEARS
RANK NO 429, D/O JAYAKUMAR,
PERMANENTLY RESIDING AT TC 32/177, SREEVALSAM,
KOCHUVELI, KARIKAKOM P.O, THIRUVANANTHAPURAM,
PIN - 695021
16 SRUTHY B NAIR
AGED 31 YEARS
RANK NO 246 D/O RAMANAN NAIR N,
PERMANENTLY RESIDING AT VINAYAKA BHAVAN,
OP (CAT) NO. 17 OF 2025 -4-
2025:KER:14331
CHERUCODU, MOONGODU P.O
THIRUVANANTHAPURAM, PIN - 695573
17 LEKSHMI S DEVI
AGED 35 YEARS
RANK NO 86, D/O S AYYAPPAN
PERMANENTLY RESIDING AT TC 42/1029(3),
DEVIDHAMAM, RAJIVGANDHI LANE, 45,
VALLAKADAV P.O, THIRUVANANTHAPURAM,
PIN - 695008
18 MEENU MOHAN R
AGED 34 YEARS
RANK NO 363 D/O MOHAN K
PERMANENTLY RESIDING AT MM NIVAS,
JAWAHAR NAGAR, 151, THIRUMULLAVARAM P.O,
KOLLAM, PIN - 691012
19 AMRUTHA C.V,
AGED 33 YEARS
RANK NO 63, D/O C. VIJAYAKUMAR,
PERMANENTLY RESIDING AT PARAYIL VEEDU,
POWDIKONAM P.O, THIRUVANANTHAPURAM,
PIN - 695588
20 SREELEKSHMI S
AGED 28 YEARS
RANK NO 147, D/O SREEKUMAR K,
PERMANENTLY RESIDING AT SREEVIHAR,
TC 6/1719(3), ELIPPODU, THIRUMALA P.O,
THIRUVANANTHAPURAM, PIN - 695006
21 JANU P.R
AGED 35 YEARS
RANK NO 60, D/O RAVINDRAN NAIR,
PERMANENTLY RESIDING AT KALATHARA VEEDU,
KACHANI, KARAKULAM P.O, THIRUVANANTHAPURAM,
PIN - 695564
22 VINEETH V.U
AGED 35 YEARS
RANK NO 586, S/O G VIJAYAN KANI,
PERMANENTLY RESIDING AT KUZHIVILA HOUSE,
OP (CAT) NO. 17 OF 2025 -5-
2025:KER:14331
KOTTUVILA, MUNDELA P.O, NEDUMANGADU,
THIRUVANANTHAPURAM, PIN - 695543
23 VISHAKH U
AGED 31 YEARS
RANK NO 139 S/O UDAYAKUMAR T
PERMANENTLY RESIDING AT 'VISHAKH BHAVAN',
VALIYAKAATTUVILA, KARODU P.O,
THIRUVANANTHAPURAM, PIN - 695506
24 AKSHAYA S.S
AGED 27 YEARS
RANK NO 266 D/O SATHEESHKUMAR K
PERMANENTLY RESIDING AT AS BHAVAN,
KATTAYIKONAM P.O THIRUVANANTHAPURAM,
PIN - 695584
25 RENJITH R
AGED 36 YEARS
RANK NO 350 S/O RADHAKRISHNAN P.P,
PERMANENTLY RESIDING AT RADHAKRISHNAVILASOM,
UMAYATTUKARA, KALLISSERY P.O, ALAPPUZHA,
PIN - 689124
26 SYAMA SASIDHARAN
AGED 36 YEARS
RANK NO 281 D/O SASIDHARAN
PERMANENTLY RESIDING AT VP 14/308-B
KRISHNA LANE, VENGOOR, MALAYAM P.O,
THIRUVANANTHAPURAM, PIN - 695571
27 AMSHAD B.B
AGED 33 YEARS
RANK NO 568 S/O SAYED MUHAMMED
PERMANENTLY RESIDING AT BALUTHETHE BIDUMKAT
(H), ANDROTH, LAKSHADWEEP, PIN - 682551
28 DHIVYA S
AGED 37 YEARS
RANK NO 80, D/O SANKAR K,
PERMANENTLY RESIDING AT NO 54,
5TH CROSS STREET, MARAIMALAI NAGAR,
VELRAMPET, PONDICHERRY, PIN - 605004
OP (CAT) NO. 17 OF 2025 -6-
2025:KER:14331
29 ANEESH C
AGED 32 YEARS
RANK NO 96 S/O CHANDRAN
PERMANENTLY RESIDING AT PLAVILAVEEDU,
PANAVILA, MULLOOR P.O, VIZHINJAM,
THIRUVANANTHAPURAM, PIN - 695521
30 PRAVEENA S
AGED 32 YEARS
RANK NO 378 D/O VELAPPAN NAIR
PERMANENTLY RESIDING AT THOTTARIKATHUVEEDU,
KALIYIKKAL, VITHURA P.O, THIRUVANANTHAPURAM,
PIN - 695551
31 ANANDU R
RANK NO 105, S/O RADHAKRISHNAN,
PERMANENTLY RESIDING AT NADUVILA PUTHEN VEEDU,
KANJAVELI P.O, PRAKKULAM, KOLLAM, PIN - 691602
32 PREETHY V.M
AGED 37 YEARS
RANK NO 426 D/O MADAVAN C
PERMANENTLY RESIDING AT THENGUVILA VEEDU,
ALAYAMON P.O, ANCHAL, KOLLAM, PIN - 691306
33 SRUVITH P.S
AGED 27 YEARS
RANK NO 547 S/O SURESH P.K
PERMANENTLY RESIDING AT ARIMALA (H),
JESSY ESTATE, PILAKKAVU P.O, MANANTHAVADI,
WAYANADU, PIN - 670645
34 NEETHU M
AGED 36 YEARS
RANK NO 165, D/O N RATHIKUMAR
PERMANENTLY RESIDING AT KAILAS,
NETHAJI NAGAR-49, KUREEPUZHA,
KAVANADU P.O, KOLLAM, PIN - 691003
35 DHANYA B PILLAI
AGED 36 YEARS
OP (CAT) NO. 17 OF 2025 -7-
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RANK NO 112, D/O, BHASKARAN PILLAI,
PERMANENTLY RESIDING AT KILIPPATTU,
KUDAMALOOR, KOTTAYAM, PIN - 686017
36 MOHAMMED SHAFEEK A.P.K
AGED 31 YEARS
RANK NO 583, S/O KUNHIKOYA K.P,
PERMANENTLY RESIDING AT ACHADAPURAKATTU (H),
ANDROTH, LAKSHADWEEP, PIN - 682551
37 SARI VIJAYAN S.V
AGED 36 YEARS
RANK NO 119 D/O VIJAYAKUMAR P
PERMANENTLY RESIDING AT ROHINI,
PIRAPPAMCODE P.O VENJARAMOODU,
THIRUVANANTHAPURAM, PIN - 695607
BY ADV.
SAJITH KUMAR V.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
06.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP (CAT) NO. 17 OF 2025 -8-
2025:KER:14331
JUDGMENT
AMIT RAWAL , J.
The present O.P.(CAT) is directed against the interim order passed by the Central Administrative Tribunal rejecting the prayer of the applicants to extend the validity of the rank list dated 06.02.2023, which is expiring on 06.02.2025 for a further period, particularly during the pendency of the original application.
2. The grievance in short raised in the pending OA is with regard to the process of selection notified by the respondents in the year 2022. Annexure A3 addendum notification dated 23.03.2022 was published for appointment of nursing officers of 40 vacancies in the institute, out of which 13 were unreserved, 8 for SC, 12 for ST, 7 for OBC and one was earmarked for person with disability. Rank list was brought into force and its validity is two(2) years.
Though number of persons included in the rank list were 590, notification published was only for 40 vacancies.
OP (CAT) NO. 17 OF 2025 -9-2025:KER:14331 Fifty one (51) persons have been appointed owing to the retirement or relievement. The previous selection, as per the contention of the petitioners, was conducted in 2013 thereafter, till 2022 no exercise was undertaken.
However, the cause of action to assail the action of the respondents arose only when vide Annexure A5 the contractual nursing officers were appointed through Government Portal called 'GeM' (Government e-
Marketplace).
3. Respondents have objected to the above and submitted that it is only for the purpose of adjustment of the work as there is a need of creation of vacancies for which a request has been submitted vide communication dated 23.09.2022 to the Department of Science and Technology, New Delhi. Till such time no recruitment process was conducted.
4. We have gone through the paper book and the rank list.
5. The petitioner is figuring at serial No.239, in OP (CAT) NO. 17 OF 2025 -10- 2025:KER:14331 the rank list. Even if, there is a likelihood of creation of posts, it cannot be expected to be above 239. Petitioner, therefore, cannot hold the other parties also for extension period with a hope that she will get the appointment. Law with regard to keeping the rank list alive is no longer res integra in view of the judgment of the Supreme Court in Rakhi Ray & Ors. Vs. High Court of Delhi [(2010) 2 SCC 637]. No ground is made out for causing interference in the interim order of the tribunal. O.P.(CAT) stands dismissed.
Sd/-
AMIT RAWAL JUDGE Sd/-
K. V. JAYAKUMAR JUDGE vv OP (CAT) NO. 17 OF 2025 -11- 2025:KER:14331 APPENDIX OF OP (CAT) 17/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF RELEVANT PAGES OF THE REVISION OF RECRUITMENT RULES OF SCTIMST VIDE ORDER NO.
P&A.I/X/34/SCTIMST/2013 DATED 15.07.2013 ISSUED BY 1ST RESPONDENT ANNEXURE A2 TRUE COPY OF THE NOTICE FOR RECRUITMENT IN ADVT. NO. P&A.II/ 472/ JSSC/ SCTIMST/ 2022 DATED 23.02.2022 FOR VARIOUS POSTS ISSUED BY THE 1ST RESPONDENT ANNEXURE A3 TRUE COPY OF ADDENDUM IN NO. P&A II/ 472/ JSSC/ SCTIMST/ 2022 DATED 23.03.2022 ISSUED FOR THE RECRUITMENT OF NURSING OFFICER-A BY THE 1ST RESPONDENT.
ANNEXURE A4 TRUE COPY OF THE RANK LIST OF SELECTED CANDIDATES IN NO P&A.II/ 472/ JSSC/ SCTIMST/ 2022 DATED 06.02.2023 FOR THE POST OF NURSING OFFICER-A ISSUED BY THE ADMINISTRATIVE OFFICER GR.I(I/C) OF THE 1ST RESPONDENT ANNEXURE A5 TRUE COPY OF THE LETTER IN NO P&A 1/339/PUBLIC GRIEVIANCE/ SCTIMST/ 2024 DATED 20.02.2024 OF THE NODAL OFFICER CPGRAMS, SCTIMST ISSUED IN RESPONSE TO GRIEVANCE FILED BY ONE OF THE CANDIDATE IN THE RANK LIST ANNEXURE A6 TRUE COPY OF THE RELEVANT PAGE OF BID DOCUMENT IN BID NO GEM/2023/B/4274265 DATED 01.12.2023 ISSUED BY GEM (GOVERNMENT E-MARKETPLACE) FOR OUTSOURCING RECRUITMENT OF STAFF NURSES FOR THE 1ST RESPONDENT THROUGH OUTSOURCING MODE OP (CAT) NO. 17 OF 2025 -12- 2025:KER:14331 ANNEXURE A7 TRUE COPY OF THE LETTER IN NO P&A 1/ 339/ PUBLIC GRIEVIANCE/ SCTIMST/ 2025 DATED 09.01.2025 ISSUED BY THE NODAL OFFICER CPGRAMS OF THE 1ST RESPONDENT IN RESPONSE TO THE GRIEVANCE FILED BY ONE OF THE CANDIDATE IN THE RANK LIST ANNEXURE A8 TRUE COPY OF THE LETTER IN NO P&A. I / SCTIMST/ 2024 DATED 22.07.2024 ISSUED BY THE DIRECTOR OF THE 1ST RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY TO THE HON'BLE GOVERNOR OF STATE ANNEXURE A9 TRUE COPY OF THE THE QUESTION RAISED AS UNSTARRED QUESTION NO 3059 BY HON'BLE ADV. DEAN KURIYAKOSE MP BEFORE THE LOKSABHA AND ITS ANSWER BY THE HON'BLE MINISTER OF STATE IN THE MINISTRY OF HEALTH & FAMILY WELFARE DATED 09.08.2024 ANNEXURE A10 TRUE COPY OF THE ABSTRACT OF REPRESENTATION DATED 14.11.2024 SUBMITTED BY THE CANDIDATES IN ANNEXURE A4 RANK LIST INCLUDING THE APPLICANTS ALONG WITH ITS POSTAL RECEIPT BEFORE THE DIRECTOR OF THE 1ST RESPONDENT ANNEXURE A11 TRUE COPY OF THE SCREEN SHOT OF E-MAIL REQUEST DATED 30.11.2024 MADE BY EMPLOYEES SANGH (BHARATIYA MAZDOOR SANGH) OF THE 1ST RESPONDENT FOR THE EXTENSION OF VALIDITY OF RANK LIST OF NURSING OFFICER-A BEFORE THE 1ST RESPONDENT ANNEXURE A12 TRUE COPY OF THE NOTICE IN NO P&A.II/ 9/ 2012/ SCTTIMST DATED 03.12.2012 EXTENDING THE VALIDITY OF PREVIOUS RANK LIST OF STAFF NURSE-A DATED 07.12.2010 BASED ON THE INTERVENTION OP (CAT) NO. 17 OF 2025 -13- 2025:KER:14331 OF THE 2ND RESPONDENT ANNEXURE A13 TRUE COPY OF THE OFFICE MEMORANDUM IN F.NO.A-11013/5/2013-N DATED 04.08.2016 ISSUED BY THE 4TH RESPONDENT ANNEXURE A14 TRUE COPY OF THE LETTER IN NO SCTIMST/NA/03 DATED 08.12.2023 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT ANNEXURE A15 TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE RANK HOLDERS IN ANNEXURE A4 INCLUDING THE APPLICANTS BEFORE THE 2ND RESPONDENT ALONG WITH ITS POSTAL RECEIPT ANNEXURE A16 TRUE COPY OF THE RELEVANT PAGE OF BID DOCUMENT IN BID NO GEM/2024/B/4644452 DATED 16.02.2024 ISSUED BY GEM (GOVERNMENT E-MARKETPLACE) FOR OUTSOURCING RECRUITMENT OF STAFF NURSES FOR THE 1ST RESPONDENT THROUGH OUTSOURCING MODE.
ANNEXURE R1(A) TRUE COPY OF THE LETTER NO.
A1/1/14/SCTIMST/2024 (E-48968) DATED 27.05.2024 ISSUED BY THE DST TO THE 1ST RESPONDENT ANNEXURE R1(B) TRUE COPY OF THE LETTER NO.
P&A.I/SCTIMST/2024 DATED 23.09.2024 SUBMITTED BY THE 1ST RESPONDENT TO DR. MANORANJAN MOHANTY, DEPARTMENT OF SCIENCE AND TECHNOLOGY EXHIBIT P1 TRUE COPY OF THE ORIGINAL APPLICATION NO. 22 OF 2025 ALONG WITH ANNEXURES A1 TO A15 FILED BY THE PETITIONER BEFORE THE CAT, ERNAKULAM EXHIBIT P2 TRUE COPY OF THE MA NO. 92 OF 2025 IN OA 22 OF 2025 FOR PRODUCTION OF OP (CAT) NO. 17 OF 2025 -14- 2025:KER:14331 DOCUMENTS & DIRECTION FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL EXHIBIT P3 TRUE COPY OF THE OBJECTION FILED BY THE 1ST AND 2ND RESPONDENTS ON 03.01.2025 EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER DATED 04/02/2025 BY THE CENTRAL ADMINISTRATIVE TRIBUNAL.