Kerala State Public Service Commission vs Sandeep V

Chitambaresh, J.

1.The operative part of the judgment impugned reads as follows:

"In the above circumstances there shall be a direction to the PSC to take emergent steps to publish an additional ranked list after publishing a short list of candidates, with 555 candidates in the main list with appropriate number of candidates in the supplementary list, followed by verification of their certificates, within a period of 2 months from the date of receipt of a copy of the judgment. PSC shall thereafter advise candidates from the ranked list in accordance with law. There shall be a further direction that the additional ranked list to be published, shall be operated even if the main list of the ranked list, already published on 22.06.2017 gets exhausted in the meanwhile."

The learned single Judge has in effect issued a writ directing the Public Service Commission to expand the ranked list by including morenumberofcandidatesinthemainlistandthe supplementary lists.

2.It appears that the Public Service Commission issued a notification on 13.6.2014 and conducted a written test on 24.6.2015 and published a short list on 4.10.2016 followed by the ranked list on 22.6.2017. The main list contained 950 candidates and the supplementary lists contained 2592 candidates totalling to 3542 candidates which is being operated upon for the last two years. The Public Service Commission points out that only 144 vacancies had been reported when it took a decision on 12.10.2015 to finalise the short list to include the above number of candidates. The main list has not been exhausted even at this distance of time which is indicative of the fact that the same was not disproportionately short to cater to the number of vacancies that existed and will arise.

3.It is submitted on behalf of the Kerala Water Authority that 36 vacancies existed as on 30.5.2019 out of which 30 vacancies have already been reported and 6 vacancies are about to be reported. The ranked list is not a reservoir from which candidates could be advised from time to time and sufficient opportunity should be extended to those who are qualified now and ready for employment. Nothing stands in the way of the Public Service Commission to go for a fresh notification and prepare a ranked list anew after the existing ranked list has been exhausted. The writ petitioners who are in the supplementary lists cannot as of right seek for inflammation of the ranked list and creep into the main list as is attempted to be done.

4.The learned single Judge has far exceeded her jurisdiction under Article 226 of the Constitution of India in directing the ranked list to be expanded on the premise that more number of vacancies then existed. The micro management of the functions of the Public Service Commission is beyond the purview of the writ court which will not step in unless there are gross illegality. We set aside the impugned judgment and dismiss the writ petitions giving liberty to the Kerala Water Authority to fill up the remaining vacancies till the main list is exhausted.

The writ appeals are allowed. No costs.

APPENDIX OF W.A.NO.2268 OF 2017

APPELLANTS' ANNEXURES:

ANNEXURE-A1

TRUE COPY OF THE JUDGMENT IN WP(C)NO.23559 OF 2008 DATED 27/09/2010.

ANNEXURE-A2

TRUE COPY OF JUDGMENT IN WP(C)NO.35315 OF 2009.

APPENDIX OF W.A.NO.2448 OF 2017

APPELLANT'S ANNEXURES:

ANNEXURE-A1

TRUE COPY OF THE JUDGMENT IN WP(C)NO.23559 OF 2008 DATED 27/09/2010.

ANNEXURE-A2

TRUE COPY OF JUDGMENT IN WP(C)NO.35315 OF 2009.