Case Note & Summary
The Director of Indian System of Medicine and another appealed against the final judgment and orders of the Kerala High Court at Ernakulam dated 24.07.2019, 02.07.2019, and 19.06.2019, which upheld orders of the Kerala Administrative Tribunal (KAT). The KAT had directed the Department to report 28 vacancies in the post of Medical Officer (Ayurveda) and Assistant Insurance Officer to the Kerala Public Service Commission (KPSC) for appointment from a ranked list published on 19.11.2014. The ranked list was valid for two years, extended by one year, expiring on 18.11.2017. The applicants, including Dr. Susmi C.T., filed applications under Section 19 of the Administrative Tribunal Act before the KAT on 14.11.2017, seeking direction to report 65 vacancies. An interim order was granted on 14.11.2017 directing advice of 28 vacancies. The KAT, by order dated 03.08.2018, accepted the applicants' argument that a promotion order dated 20.06.2017 promoted Medical Officers to Senior Medical Officers, creating 28 vacancies, and also noted 15 other vacancies. The Department challenged these orders before the High Court, which dismissed the writ petitions on grounds of delay and finality. The Supreme Court granted leave and heard the appeals. The Department argued that the High Court erred in dismissing petitions on hyper-technicalities, as only seven months had elapsed and review petitions were pending. On merits, the Department contended that all 163 vacancies that arose during the currency of the ranked list were reported, and 158 candidates were appointed, with 5 vacancies reserved for persons with disabilities. The Department's affidavit stated that the promotion order dated 20.06.2017 merely sanctioned higher grade and did not create vacancies in the entry cadre, as officers continued in the same institutions. The respondents argued that Rule 14 of the Kerala Public Service Commission Rules of Procedure, 1976 obliged the KPSC to advise candidates for all reported vacancies, and the KAT correctly held that vacancies from promotions had to be reported. The Supreme Court, after considering the submissions, found that the KAT's directions were based on an assumption that vacancies existed, ignoring the Department's counter affidavit which clearly showed that all vacancies were reported and 158 candidates appointed. The Court held that the KAT erred in directing reporting of 28 vacancies and additional vacancies without proper consideration of the material. The Supreme Court allowed the appeals, set aside the impugned orders of the High Court and the KAT, and dismissed the original applications filed by the respondents before the KAT.
Headnote
A) Service Law - Vacancy Reporting - Duty to Report Vacancies - Kerala Public Service Commission Rules of Procedure, 1976, Rules 13 and 14 - The Department is obligated to report vacancies that arise during the currency of a ranked list to the KPSC for appointment. The KAT directed reporting of 28 vacancies based on promotions, but the Department contended that all 163 vacancies were reported and 158 candidates appointed, with 5 reserved for disabled. The Supreme Court found that the KAT ignored the Department's counter affidavit and erred in its direction. (Paras 5-11, 17-18) B) Service Law - Laches - Dismissal on Ground of Delay - The High Court dismissed the Department's writ petition as belated, but the Supreme Court noted that only seven months had elapsed and review petitions were pending, thus the dismissal was erroneous. (Paras 6-8) C) Service Law - Interim Orders - Validity - The KAT's interim order dated 14.11.2017 directing advice of 28 vacancies was based on an assumption that vacancies existed, but the Department's affidavit showed no such vacancies arose from promotions as officers continued in same institutions. The Supreme Court held that the KAT's directions were without proper consideration of material. (Paras 9-11, 17-18)
Issue of Consideration
Whether the High Court erred in dismissing the Department's writ petitions on grounds of delay and whether the KAT correctly directed the reporting of 28 vacancies and additional vacancies arising from promotions.
Final Decision
The Supreme Court allowed the appeals, set aside the impugned orders of the High Court and the KAT, and dismissed the original applications filed by the respondents before the KAT.
Law Points
- Duty to report vacancies
- Life of ranked list
- Rule 13 and 14 of Kerala Public Service Commission Rules of Procedure
- 1976
- Interim orders
- Laches
- Review petitions
