Kerala High Court
Anu V.V vs State Of Kerala on 9 February, 2026
Author: Anil K. Narendran
Bench: Anil K. Narendran
1
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
OP(KAT) NO. 475 OF 2025
AGAINST THE ORDER DATED 25.09.2025 IN O.A.NO.181 OF 2022 ON THE
FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 3 & 4:
1 ASWATHY C.A., AGED 38 YEARS
WIFE OF SANALKUMAR A., VISHNUVILASAM, MAVARTHALAKONAM,
NALANCHIRA P.O., THIRUVANANTHAPURAM DISTRICT, KERALA.,
PIN - 695015
2 SADIK A., AGED 34 YEARS
SON OF ABDUL LATHEEF, SABEENA MANZIL, CHENTHAPOOR,
DECEN JUNCTION P.O., KOLLAM DISTRICT, KERALA., PIN -
691577
BY ADVS.SRI.S.M.PRASANTH
SRI.K.RAMAKUMAR (SR.)
SHRI.T.RAMPRASAD UNNI
SRI.T.H.ARAVIND
SHRI.SHEHIN S.
SMT.RESHMA DAS P.
RESPONDENTS/RESPONDENTS & APPLICANTS 1 & 2:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
- 695 001.
2 THE SECRETARY TO GOVERNMENT
HEALTH AND FAMILY WELFARE (M) DEPARTMENT, GOVERNMENT
2
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001
3 THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINE,
AROGYA BHAVAN, P.B. NO. 182, THIRUVANANTHAPURAM., PIN
- 695001
4 THE DISTRICT MEDICAL OFFICER,
OFFICE OF THE DISTRICT MEDICAL OFFICER OF INDIAN
SYSTEMS OF MEDICINE, DISTRICT GOVERNMENT AYURVEDA
HOSPITAL, PADANNAKKAD P.O., PADANNAKKAD,
PATHANAMTHITTA DISTRICT., PIN - 671328
5 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
6 THE DISTRICT OFFICER,
DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
TIGER HILLS, BUILDING NO. KMC 11-38-D, MUNICIPAL ROAD,
PULIKUNNU, PATHANAMTHITTA, KERALA., PIN - 671121
7 LIJEESH P.
AGED 37 YEARS
SON OF BALAN N., PATTUVALAPPIL HOUSE, MADIKERI P.O.,
NILESHWAR (VIA), KASARAGOD DISTRICT, KERALA., PIN -
671314
8 DEEPA S.
AGED 32 YEARS
D/O. SATHYAN R., PARANIKIMAMVILA VEEDU, MUTTAPPALAM
P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT, KERALA.,
PIN - 695145
OTHER PRESENT:
SMT. PRINCY XAVIER, SR. GP;
SRI. P. C. SASIDHARAN , SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.02.2026, ALONG WITH OP(KAT).2/2026, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
3
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN
&
THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.
MONDAY, THE 9TH DAY OF FEBRUARY 2026 / 20TH MAGHA, 1947
OP(KAT) NO. 2 OF 2026
AGAINST THE ORDER DATED 25.09.2025 IN O.A.NO.183 OF 2022 ON THE
FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/APPLICANTS 1, 3, 4 & 6:
1 ANU V.V., AGED 36 YEARS
D/O. VIJAYAKUMAR K.N., AGED 36 YEARS, VARANATHU HOUSE,
KIDANGOOR SOUTH P.O., KOTTAYAM, KERALA., PIN - 686583
2 VIPINRAJ P.K., AGED 37 YEARS
S/O. KUTTAN P.K., PANAKALAM HOUSE, PEROOR P.O.,
KOTTAYAM DISTRICT, KERALA., PIN - 686637
3 VEENA VIJAYAN, AGED 33 YEARS
D/O. VIJAYAN, KOTTUKAPPALLIL HOUSE, KALATHUKADAVU
P.O., KOTTAYAM DISTRICT, KERALA., PIN - 686579
4 MUHAMMED RAFEEK J., AGED 34 YEARS
S/O. JALALUDHEEN, KOTTOOR THEKKETHIL, THEKKETHIL,
KANJAVELY, KOLLAM DISTRICT, KERALA., PIN - 691602
BY ADVS.SRI.S.M.PRASANTH
SRI.K.RAMAKUMAR (SR.)
SHRI.T.RAMPRASAD UNNI
SRI.T.H.ARAVIND
SHRI.SHEHIN S.
SMT.RESHMA DAS P.
RESPONDENTS/RESPONDENTS & APPLICANTS 2 & 5 IN OA:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, AYUSH
DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.,
4
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
PIN - 695001
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF HEALTH AND FAMILY WELFARE (M),
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM., PIN -
695001
3 THE DIRECTOR OF INDIAN SYSTEMS OF MEDICINES,
OFFICE OF THE DIRECTOR, INDIAN SYSTEMS OF MEDICINE,
AROGYA BHAVAN, P.B. NO. 182, THIRUVANANTHAPURAM., PIN
- 695001
4 THE DISTRICT MEDICAL OFFICER, OFFICE OF THE DISTRICT
MEDICAL OFFICER OF INDIAN SYSTEMS OF MEDICINE,
DISTRICT GOVERNMENT AYURVEDA HOSPITAL, PADANNAKKAD
P.O., KOTTAYAM DISTRICT., PIN - 671328
5 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM., PIN - 695004
6 THE DISTRICT OFFICER
DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION,
TIGER HILLS, BUILDING NO. KMC 11-38-D, MUNICIPAL ROAD,
PULIKUNNU, KOTTAYAM., PIN - 671121
7 AKHIL K.J., AGED 32 YEARS
SON OF JAYAKRISHNAN K.K., MECHERIL HOUSE,
CHOZHIYAKADU, CHANNANIKADU P.O., KOTTAYAM, KOTTAYAM
DISTRICT, KERALA., PIN - 686533
8 LALU J.S., AGED 37 YEARS
S/O. STENSILAS, KUDUMBAVILA VEEDU, MAVILAKADAVU,
KULATHOOR, VENKADAMBA P.O., THIRUVANANTHAPURAM
DISTRICT, KERALA., PIN - 695506
OTHER PRESENT:
SRI. K. RAMAKUMAR, SR.
SMT. PRINCY XAVIER, SR. GP;
SRI. P. C. SASIDHARAN , SC, KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 09.02.2026, ALONG WITH OP(KAT).475/2025, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
5
OP(KAT)Nos.475 of 2025 and 2 of 2026
2026:KER:11961
JUDGMENT
Anil K. Narendran, J.
The petitioners are the applicants in O.A.Nos.181 of 2022 and 183 of 2022 on the file of the Kerala Administrative Tribunal at Thiruvananthapuram, filed invoking the provisions under Section 19 of the Administrative Tribunals Act, 1985, seeking a declaration that inaction on the part of the respondents in identifying and allocating 4 posts of Ayurveda Therapists in Ayurveda Medical Education Department, Homeo Department, etc., (AYUSH Department) from among 300 posts sanctioned in Annexure A2 Government order dated 19.02.2021 for Pathanamthitta District [O.A.No.181 of 2022] and 8 posts for Kottayam District [O.A.No.183 of 2022] and reporting the same for advice and appointment is in violation of the fundamental rights guaranteed to the applicants under Articles 14, 16, 19 and 21 of the Constitution of India; an order directing respondents 1 to 3 to identify and allocate 4 posts of Ayurveda Therapists from among 300 posts sanctioned in Annexure A2 for Pathanamthitta District [O.A.No.181 of 2022] and 8 for Kottayam District [O.A.No.183 of 2022] and report the same for advice and 6 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 appointment; and an order directing the 4th respondent District Medical Officer to report 4 vacancies of Ayurveda Therapists for advice and appointment from Annexure A1 ranked list in O.A.No.181 of 2022 before its expiry on 26.02.2022 and 8 vacancies from Annexure A1 ranked list in O.A.No.183 of 2022 before its expiry on 06.03.2022.
2. The petitioners-applicants were included in Annexure A1 ranked list published by the Kerala Public Service Commission for recruitment to the post of Ayurveda Therapists in the Indian Systems of Medicine. The ranked list in O.A.No.181 of 2022 came into effect from 27.02.2019 and that in O.A.No.183 of 2022 came into force from 07.03.2019. In the original applications, the applicants placed reliance on Annexure A2 order dated 19.02.2021 issued by the 1st respondent State, whereby 2799 posts were sanctioned in principle for strengthening the Health Department in the State of Kerala, out of which 300 posts are under AYUSH Department. The said Government order reads thus;
"സംസ്ഥാനത്തെ ത്ത ാതുജനാര ാഗ്യ രേഖല ശക്തിത്തെടുെുന്ന തിന്ത്തെ ഭാഗ്ോയി ആര ാഗ്യ രേഖലയിൽ താത്തെെെയും പ് കാ ം 2799 ുതിയ തസ്തികകൾ തതവെിൽ സൃഷ്ടിച്ചു 7 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 ഉെ വാകുന്നു.
1. ആര ാഗ്യ വകുെ് ഡയെക്ടരെറ്റിന് കീെിൽ 1200 ുതിയ തസ്തികകൾ
2. ത്തേഡിക്കൽ വിദ്യാഭയാസ വകുെിന് കീെിൽ 1299 ുതിയ തസ്തികകൾ (േുൻ ിയാ ം ത്തേഡിക്കൽ രകാരേജിത്തല സ്റ്റാഫുകത്തേ ഏത്തറ്റടുക്കുന്നതിനായി കണ്ണൂ ിത്തല സർക്കാർ ത്തേഡിക്കൽ രകാരേജിൽ 772 വിവിധ തസ്തികകൾ ഉൾത്തെത്തട)
3. ആയുഷ് വകുെിന് കീെിൽ 300 ുതിയ തസ്തികകൾ രേൽ സൃഷ്ടിച്ച തസ്തികകൾ ഏതു സ്ഥാ നെിരലക്കാത്തെന്നും അതിൻ്ത്തെ കാറ്റഗ്െി, ശമ്പേ സ്ത്തകയിൽ തുടങ്ങിയവ ഉൾത്തക്കാള്ളുന്ന വിശദ്ോയ ഉെ വ് ിന്നീട് ുെത്തെടുവിക്കുന്നതാണ്. ബന്ധത്തെട്ട വകുെ് തലവന്മാർ ഇതിനുള്ള തുടർ നട ടികൾ സവീക ിരക്കണ്ടതാണ്."
(underline supplied)
3. The document marked as Annexure A3 is a copy of the Government order dated 01.11.2016, whereby 10 posts of Therapists were created in the hospitals under Ayurveda College, Thiruvananthapuram.
4. Before the Tribunal, the 3rd respondent Director of Indian Systems of Medicine filed a statement dated 23.02.2022 in O.A.No.181 of 2022. Paragraph 4 of that statement reads thus;
"4. It is respectfully submitted that Government have accorded in principle approval for the sanction of 300 posts in AYUSH Department as per the Government Order 8 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 G.O.(Rt)No.52/2021/H&FWD dated 19.02.2021. The Department of Indian Systems of Medicine is one among many departments under AYUSH viz., Ayurveda Medical Education Department, Homeo Department, etc. and hence it cannot be concluded that the newly sanctioned 300 posts are solely for Indian Systems of Medicine Department. Moreover District wise, Institution wise, Category wise details of this 300 new posts are not included in said Government Order. In the light of this Government Order, Indian Systems of Medicine Department forwarded detailed proposal for 222 posts in various categories with a financial commitment of Rs.84,60,244/- per month on 27.07.2021. Out of this 222 newly recommended posts, 80 posts are for Therapist in various hospitals across the State, in which 4 posts of Threpaist are recommended for Pathanamthitta District viz. Government Ayurveda Hospital, Kadampanad, Government Ayurveda Hospital, Angadical North, Government Ayurveda Hospital, Omalloor and Government Ayurveda Hospital, Thiruvalla. But the Government has deferred the proposal for post creation vide letter No.A1/80/2020/AYUSH dated 19.01.2022. At present there are no vacancies of Ayurveda Therapists in Pathanamthitta District." (underline supplied)
5. In O.A.No.183 of 2022, the 3rd respondent Director of Indian Systems of Medicine filed a statement dated 25.02.2022, producing therewith Annexure R3(a) letter dated 19.01.2022. 9 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 Paragraph 4 of that statement reads thus;
"4. It is respectfully submitted that Government have accorded in principle approval for the sanction of 300 posts in AYUSH Department as per the Government Order GO(Rt)No.52/2021/H&FWD dated 19.02.2021. The Department of Indian Systems of Medicine is one among many departments under AYUSH viz, Ayurveda Medical Education Department, Homeo Department, etc. and hence it cannot be concluded that the newly sanctioned 300 posts are solely for Indian Systems of Medicine Department. Moreover District wise, Institution wise, Category wise details of this 300 new posts are not included in said Government Order. In the light of this Government Order, Indian Systems of Medicine Department forwarded detailed proposal for 222 posts in various categories with a financial commitment of Rs. 84,60,244/ per month on 27.07.2021. Out of this 222 newly recommended posts, 80 posts are for Therapist in various Hospitals across the State, in which 4 posts of Therapist are recommended for Kottayam District viz Government Ayurveda Hospital, Vaikom, Government Ayurveda Hospital, Kidangoor, Government Ayurveda Hospital, Nattakam, Government Ayurveda Hospital, Teekoy and Government Ayurveda Hospital, Muzhoor. But the Government has deferred the proposal for post creation vide letter No.A1/80/2020/AYUSH dated 19.01.2022. At present there are no vacancies of Ayurveda Therapists in Kottayam District. The true copy of 10 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 Government Letter No.A1/80/2020/AYUSH dated 19.01.2022 issued by AYUSH(A) Department is produced herewith and marked as Annexure R3(a)."
(underline supplied)
6. The Government letter dated 19.01.2022, which is marked as Annexure R3(a) in the statement dated 25.02.2022 filed by the 3rd respondent Director of Indian Systems of Medicine in O.A.No.183 of 2022 reads thus;
"Sub: Ayush Dept - Post creation package - ISM Department - Reg Ref: Your letter No.D3-53419/2018 dated 03.01.2020, 06.02.2021, 27.07.2021 I am to invite your attention to the reference cited and to inform you that the proposal is deferred."
(underline supplied)
7. After considering the rival contentions, the Tribunal by Ext.P3 common order dated 25.09.2025 dismissed both the original applications. Paragraphs 8, 9 and also the last paragraph of Ext.P3 order read thus;
"8. The learned counsel for the applicant reiterated the contention that 300 posts were created vide order dated 19.02.2021 when the ranked lists were in existence. In compliance with the interim orders of this Tribunal dated 25.02.2022, 4 vacancies have been provisionally reported in the District of Pathanamthitta and 8 in Kottayam 11 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 District. Since the posts were already created and vacancies provisionally reported during the lifetime of the ranked list, the applicants are eligible for advise and appointment. The learned Government Pleader produced across the Bench G.O.(Ms.)No.9/2023/AYUSH dated 07.07.2023 by which only 124 posts were created in the Department of AYUSH. Out of this, 40 posts are that of the Ayurveda Therapist. Three each of these posts are in the Districts of Pathanamthitta and Kottayam. However, these posts are created only with effect from the date of the Government Order which is 07.07.2023. Learned Standing Counsel for the PSC submitted that the post of Ayurveda Therapist was notified as Category No.251/2024 in Kottayam District and a fresh ranked list has come into effect from 04.08.2025. In case of Pathanamthitta District, the post was notified as Category No. 613/2024 and a Probability List was come into effect from 25.06.2025.
9. The applicants place reliance on the Government Order dated 19.02.2021 by which 300 posts were created under the AYUSH Department. The Government Order shows that it is only an 'in principle' approval and the Department/ Category/Institution wise details are to be issued subsequently for which the Heads of Departments were required to submit proposals. The proposal for distribution of these posts was submitted by the 3rd respondent which was deferred by the 1st respondent vide communication dated 19.01.2022 at Annexure-R3(a). It was only vide order dated 07.07.2023 the category-wise distribution of 12 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 the posts in the Department of Indian Systems of Medicine was ordered. According to this order, 40 posts of Ayurveda Therapist were created of which 3 each are in the Districts of Pathanamthitta and Kottayam. However, there in no retrospective effect for this Government Order. The applicants can have a claim only against the posts which were vacant when the respective ranked list were in- existence. The Government Orders dated 19.02.2021 and 07.07.2023 would show that the newly created posts of Ayurveda Therapists in the Districts of Kottayam and Pathanamthitta have come into existence only with effect from 07.07.2023, when the ranked list were already cancelled. Accordingly, the contention that the applicants are eligible to be advised against the post newly created through Annexure A2 is not found to be sustainable. Original Applications are dismissed."
8. Heard arguments of the learned Senior Counsel for the petitioners-applicants in both the original petitions, the learned Senior Government Pleader for respondents 1 to 4 and also the learned Standing Counsel for Kerala Public Service Commission for respondents 5 and 6.
9. The learned Senior Counsel for the petitioners- applicants would contend that Ext.P3 order dated 25.09.2025 of the Tribunal in O.A.Nos.181 and 183 of 2022 was one passed without taking note of the legal and factual contentions raised by 13 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 the applicants. When the posts were created by Annexure A2 Government order dated 19.02.2021, the Tribunal went wrong in declining the reliefs sought for in the original applications. In support of the arguments, the learned Senior Counsel would place reliance on the judgment of the Apex Court in Ajith G. Das v. State of Kerala [2024 KLT OnLine 3036].
10. On the other hand, the learned Senior Government Pleader and also the learned Standing Counsel for Kerala Public Service Commission would submit that 124 posts were created in the Department of Ayush, vide G.O.(Ms.)No.9/2023/AYUSH dated 07.07.2023, with effect from 07.07.2023. The validity of Annexure A1 ranked list in O.A.Nos.181 of 2022 and 183 of 2022 expired on 26.02.2022 and on 06.03.2022 respectively. The Public Service Commission issued a fresh notification for the post of Ayurveda Therapists, as Category No.251/2024 in Kottayam District and a fresh ranked list came into force with effect from 04.08.2025. In Pathanamthitta District, the post was notified as Category No.613/2024 and the Probability List came into force with effect from 25.06.2025.
11. Article 227 of the Constitution of India deals with 14 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 power of superintendence over all courts by the High Court. Under clause (1) of Article 227 of the Constitution, every High Court shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.
12. In Shalini Shyam Shetty v. Rajendra Shankar Patil [(2010) 8 SCC 329] the Apex Court, while analysing the scope and ambit of the power of superintendence under Article 227 of the Constitution, held that the object of superintendence, both administrative and judicial, is to maintain efficiency, smooth and orderly functioning of the entire machinery of justice in such a way as it does not bring it into any disrepute. The power of interference under Article 227 is to be kept to the minimum to ensure that the wheel of justice does not come to a halt and the fountain of justice remains pure and unpolluted in order to maintain public confidence in the functioning of the tribunals and courts subordinate to the High Court.
13. In Jai Singh v. Municipal Corporation of Delhi [(2010) 9 SCC 385], while considering the nature and scope of the powers under Article 227 of the Constitution of India, the 15 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 Apex Court held that, undoubtedly the High Court, under Article 227 of the Constitution, has the jurisdiction to ensure that all subordinate courts, as well as statutory or quasi-judicial tribunals exercise the powers vested in them, within the bounds of their authority. The High Court has the power and the jurisdiction to ensure that they act in accordance with the well established principles of law. The exercise of jurisdiction must be within the well recognised constraints. It cannot be exercised like a 'bull in a china shop', to correct all errors of the judgment of a court or tribunal, acting within the limits of its jurisdiction. This correctional jurisdiction can be exercised in cases where orders have been passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law or justice.
14. In K.V.S. Ram v. Bangalore Metropolitan Transport Corporation [(2015) 12 SCC 39] the Apex Court held that, in exercise of the power of superintendence under Article 227 of the Constitution of India, the High Court can interfere with the order of the court or tribunal only when there has been a patent perversity in the orders of the tribunal and courts subordinate to it or where there has been gross and 16 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 manifest failure of justice or the basic principles of natural justice have been flouted.
15. In Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1) KHC 1] a Division Bench of this Court held that, the law is well settled by a catena of decisions of the Apex Court that in proceedings under Article 227 of the Constitution of India, this Court cannot sit in appeal over the findings recorded by the lower court or tribunal and the jurisdiction of this Court is only supervisory in nature and not that of an appellate court. Therefore, no interference under Article 227 of the Constitution is called for, unless this Court finds that the lower court or tribunal has committed manifest error, or the reasoning is palpably perverse or patently unreasonable, or the decision of the lower court or tribunal is in direct conflict with settled principles of law.
16. In view of the law laid down in the decisions referred to supra, the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution of India cannot sit in appeal over the findings recorded by the Administrative Tribunal. The supervisory jurisdiction cannot be exercised to correct all errors 17 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 in the order of the Administrative Tribunal, acting within the limits of its jurisdiction. The correctional jurisdiction under Article 227 can be exercised only in a case where the order of the Administrative Tribunal has been passed in grave dereliction of duty or in flagrant abuse of fundamental principles of law or justice. Therefore, no interference under Article 227 is called for, unless the High Court finds that the Administrative Tribunal has committed a manifest error, or the reasoning is palpably perverse or patently unreasonable, or the decision of the Tribunal is in direct conflict with settled principles of law or where there has been gross and manifest failure of justice or the basic principles of natural justice have been flouted.
17. The specific contention raised by the learned Senior Counsel for the petitioners-applicants is that by Annexure A2 Government order dated 19.02.2021, 300 posts were created in AYUSH Department and therefore, the Tribunal went wrong in advising the applicants in O.A.Nos.181 of 2022 and 183 of 2022 as Ayurveda Therapists in Pathanamthitta and Kottayam Districts respectively, from Annexure A1 ranked list in the respective original applications, before its expiry on 26.02.2022 and 18 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 06.03.2022 respectively. According to the learned Senior Counsel, the applicants in O.A.No.181 of 2022 are entitled for advice and appointment as Ayurveda Therapists, against 4 vacancies in Pathanamthitta District, and the applicants in O.A.No.183 of 2022 are entitled for advice and appointment against 8 vacancies in Kottayam District.
18. As rightly pointed out by the learned Senior Government Pleader for the State and official respondents, i.e., respondents 1 to 4, and the learned Standing Counsel for Kerala Public Service Commission for respondents 5 and 6, by Annexure A2 Government order dated 19.02.2021 issued by the 1 st respondent State, 2799 posts were sanctioned in principle for strengthening the Health Department of State of Kerala, out of which 300 posts are under AYUSH Department. As evident from Annexure R3(a) Government letter dated 19.01.2022, produced along with the statement dated 25.02.2022 filed in O.A.No.183 of 2022, by the 3rd respondent Director of Indian Systems of Medicine, the proposal in Annexure A2 Government order dated 19.02.2021 for creation of posts in AYUSH Department was deferred. Thereafter, 124 posts were created in AYUSH 19 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 Department only by G.O.(Ms.)No.9/2023/AYUSH dated 07.07.2023, out of which 40 posts are that of Ayurveda Therapists. 3 posts each of Ayurveda Therapists were created in Pathanamthitta District and Kottayam District, with effect from 07.07.2023, i.e., the date of the said Government order. Since Annexure A1 ranked list for Pathanamthitta District and Kottayam District expired on 26.02.2022 and on 06.03.2022 respectively, the applicants in O.A.Nos.181 of 2022 and 183 of 2022, who were candidates included in those ranked list, could not be advised to the newly created posts of Ayurveda Therapist in Pathanamthitta District and Kottayam District. The Public Service Commission issued a fresh notification for the post of Ayurveda Therapists, as Category No.251/2024 in Kottayam District and a fresh ranked list came into force with effect from 04.08.2025. In Pathanamthitta District, the post was notified as Category No.613/2024 and the Probability List came into force with effect from 25.06.2025. Therefore, the Tribunal cannot be found fault with in rejecting the contention raised by the applicants that they are eligible to be advised from Annexure A1 ranked list in O.A.Nos.181 of 2022 and 183 of 2022, against the 20 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 newly created posts of Ayurveda Therapist in Annexure A2 Government order dated 07.07.2023, since the actual creation of posts was by the Government order dated 07.07.2023.
19. In Ajith G. Das [2024 KLT OnLine 3036], a decision relied on by the learned Senior Counsel for the petitioners-applicants, the Apex Court was dealing with a case in which the Kerala Public Service Commission published a ranked list in the year 2020, based on notifications of the years 2014 and 2015, after a prolonged selection process, for District wise recruitment as Junior Health Inspector Gr.II in Kerala Municipal Common Service. Many vacancies remained unfilled due to overlapping of candidates across different District wise lists and exhaustion of the ranked lists. The appellants before the Apex Court, who were included in the ranked lists, sought expansion of the lists to fill the remaining vacancies. The Public Service Commission rejected the recommendation made by the State Government for expansion of the ranked lists. The Kerala Administrative Tribunal as well as the High Court upheld the decision of the Public Service Commission not to expand the ranked list. The Apex Court allowed the Civil Appeals, by setting 21 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 aside the judgment of the High Court and directed the Public Service Commission to expand the ranked list under the 2014 notification to include the additional vacancies identified by the State Government. In paragraph 25 of the decision, the Apex Court held that the principle of equity demands that the appellants' grievances be addressed in a manner that balances individual rights with administrative exigencies. Denying them the opportunity to be considered for the additional vacancies under the 2014 notification would amount to a grave injustice.
20. In the instant case, as already noticed hereinbefore, the posts of Ayurveda Therapists in the AYUSH Department were created only with effect from 07.07.2023, much after the expiry of Annexure A1 ranked list in O.A.Nos.181 of 2022 and 183 of 2022, which expired on 26.02.2022 and 06.03.2022 respectively. Therefore, the applicants are not legally entitled for advice and appointment against those posts and the principles laid down in the decision of the Apex Court referred to supra do not support the case of the petitioners-applicants. Since the reasoning of the Tribunal in Ext.P3 order dated 25.09.2025 in O.A.Nos.181 and 183 of 2022 is neither perverse nor patently illegal, no 22 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 interference of this Court in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India is warranted.
In the result, these original petitions fail and are accordingly dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE Sd/-
MURALEE KRISHNA S., JUDGE AV 23 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 APPENDIX OF OP(KAT) NO. 475 OF 2025 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF RANKED LIST NO.143/2019/DOH FOR THE POST OF AYURVEDA THERAPIST PATHANAMTHITTA IN INDIAN SYSTEMS OF MEDICINE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION Annexure A2 TRUE COPY OF G.O.(MS) NO. 52/2021/H&FWD. DT.
19.02.2021 ISSUED BY THE HEALTH & FAMILY WELFARE DEPARTMENT OF GOVERNMENT OF KERALA Annexure A3 TRUE COPY OF G.O.(MS) NO. 20/2016/AYUSH DT.
01.11.2016 ISSUED BY THE AYUSH DEPARTMENT OF GOVT. OF KERALA Annexure A4 TRUE COPY OF LIST OF ISM HOSPITAL WITH NUMBER OF THERAPIST PERMANENT AND PLAN PROJECTS ISSUED BY THE JOINT DIRECTOR - II, INDIAN SYSTEMS OF MEDICINE Annexure A5 TRUE COPY OF ORDER DATED 22.12.2021 IN O.A. NO. 2314 OF 2021 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION 181/2022 Exhibit P2 A TRUE COPY OF STATEMENT THROUGH THE LEARNED GOVERNMENT PLEADER ON 23.02.2022 Exhibit P3 A TRUE COPY OF THE ORDER DATED 25.09.2025 IN O.A. NO. 181 OF 2022 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM BENCH 24 OP(KAT)Nos.475 of 2025 and 2 of 2026 2026:KER:11961 APPENDIX OF OP(KAT) NO. 2 OF 2026 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF RANKED LIST NO.158/2019/DOK (CAT. NO. 194/2017) FOR THE POST OF AYURVEDA THERAPIST - KOTTAYAM IN INDIAN SYSTEMS OF MEDICINE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION Annexure A2 TRUE COPY OF G.O.(MS) NO.52/2021/H&FWD/ DT.
19.02.2021 ISSUED BY THE HEALTH & FAMILY WELFARE DEPARTMENT OF GOVERNMENT OF KERALA Annexure A3 TRUE COPY OF G.O.(MS) NO. 20/2016/AYUSH DT.
01.11.2016 ISSUED BY THE AYUSH DEPARTMENT OF GOVT. OF KERALA Annexure A4 TRUE COPY OF LIST OF ISM HOSPITAL WITH NUMBER OF THERAPIST PERMANENT AND PLAN PROJECTS ISSUED BY THE JOINT DIRECTOR - II, INDIAN SYSTEMS OF MEDICINE Annexure A5 TRUE COPY OF ORDER DATED 22.12.2021 IN OA.
NO. 2314 OF 2021 ON THE FILE OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM Annexure R3(a) THE TRUE COPY OF GOVERNMENT LETTER NO.A1/80/2020/AYUSH DATED 19.01.2022 ISSUED BY AYUSH(A) DEPARTMENT Exhibit P1 A TRUE COPY OF THE ORIGINAL APPLICATION 183/2022 ALONG WITH ANNEXURES Exhibit P2 A TRUE COPY OF THE STATEMENT DATED 25.02.2022 SUBMITTED BY THE LEARNED GOVERNMENT PLEADER ON BEHALF OF THE THIRD RESPONDENT Exhibit P3 A TRUE COPY OF FINAL ORDER O.A.NO 183/2022 DATED 25.09.2025,