Archana Prabha vs State Of Kerala

A.K.Jayasankaran Nambiar, J.

The petitioners before us are aggrieved by the order dated 12.10.2022 of the Kerala Administrative Tribunal dismissing O.A.No.1479 of 2021.

Briefly stated, the facts are that the petitioners were included in a rank list prepared for Commercial Tax Officers (GST) pursuant to a special recruitment for SC/ST candidates. While the validity of the rank list was due to expire in the midst of the COVID pandemic shut-down period, pursuant to an extension that was granted by the Kerala Public Service Commission (hereinafter referred to as 'the PSC'), the rank list actually expired only on 04.08.2021. The petitioners herein approached the Tribunal a couple of days before the expiry of the rank list on 04.08.2021 seeking a direction to the Government to report additional vacancies to the post so that they could aspire for an advice against those vacancies as and when reported. The Tribunal, by the impugned order, rejected the Original Application, taking note of the fact that the rank list had already expired on 04.08.2021.

Although it is the contention of the learned counsel for the petitioners that the Tribunal ought not to have dismissed the Original Application and ought to have enquired as to whether or not there were vacancies that remained to be reported, we find that the essence of the right conferred on a candidate included in a rank list prepared by the PSC is for consideration to vacancies that have been reported to the PSC. In other words, the mere existence of a vacancy to the post cannot confer any right for consideration and appointment, and the vacancies have to be reported before the candidate in a ranked list can be clothed with any right that can be agitated before a legal forum. Inasmuch as such a right did not exist in favour of the petitioners in the instant case, we see no reason to interfere with the order of the Tribunal impugned in this OP(KAT). The OP(KAT) fails and is accordingly dismissed.