LexAJITH G. DAS & OTHERS ETC. versus THE STATE OF KERALA & ORS.
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[2024] 12 S.C.R. 1148 : 2024 INSC 1037 Ajith G. Das & Others Etc. v. The State of Kerala & Ors. (Civil Appeal No(s). 14828 of 2024) 19 December 2024 [Vikram Nath* and Prasanna B. Varale, JJ.] Issue for Consideration Issue arose as regards the refusal of Kerala Public Service Commission to expand vacancies despite the directions of the tribunal. Headnotes† Service law – Recruitment – Expansion of rank lists – Kerala Public Service Commission-KPSC invited applications for the post of Junior Health Inspector for 14 districts of Kerala – Rank List published for the notified districts – Appellants sought directions to KPSC to expand the shortlist published for the post on account of overlapping candidates in multiple lists, and several vacancies remained unfilled – Tribunal directed the State Government to decide on the expansion of the rank lists – State Government in compliance with the directions expanded the rank lists and sent recommendation to KPSC for necessary action – KPSC rejected the Government's recommendation – Said rejection challenged by the appellants – Tribunal dismissed the same – High Court upheld the order passed by tribunal – Correctness: Held: Primary role of the KPSC is to aid and facilitate the selection process – KPSC functions as an autonomous body within the framework laid down by the Constitution – However, its autonomy confined to the conduct of the selection process – Determination of the number of vacancies and the requisition for employees remain the prerogative of the State Government, which is the employer – Government is best positioned to assess its workforce requirements – KPSC’s mandate is to conduct the selection process in a manner that aligns with the Government's requisition – Notification issued clearly indicated that vacancies to be filled included those that might arise in future considering * Author [2024] 12 S.C.R. 1149 Ajith G. Das & Others Etc. v. The State of Kerala & Others the extended duration of the selection process and the potential for additional vacancies to emerge over time – Neither logical nor equitable for the KPSC to disregard the Government's directives – KPSC’s refusal amounts to an overreach of its role – It was unreasonable for KPSC to deny the Government's request to expand the rank list when the process remains within the bounds of the original notification – Government’s request does not interfere with the selection process itself but pertains to the utilization of the rank list to address emergent needs – KPSC’s actions not only contrary to the Government's directives but also detrimental to the broader public interest – High Court's judgment failed to account for the unique circumstances of this case and overlooked the binding nature of the tribunal's order – High Court did not adequately address the implications of the Government's role in notifying vacancies and directing the expansion of the rank list – Government’s directives regarding workforce requirements are binding on the KPSC, provided they do not interfere with the integrity and sanctity of the selection process – Appellants are successful and meritorious candidates who duly placed in the rank list and not individuals who failed to meet the required standards or are seeking selection through an unwarranted expansion of the rank list – Penalizing appellants for factors beyond their control not only violate the principles of fairness but also undermine the very objective of transparent and merit-based public recruitment – Relief granted not to be confined to appellants alone but extend to all candidates who have rightfully and meritoriously appeared in the rank list, having qualified the selection process – Rights of all eligible candidates upheld while aligning with the broader principles of equity, transparency, and merit-based public employment – Order passed by the High Court set aside – KPSC directed to expand the rank list to include the additional vacancies identified by the State Government – Constitution of India – Art. 320. [Paras 17-33] Case Law Cited State of Punjab v. Manjhit Singh & Ors [2003] Supp. 3 SCR 856 : (2003)11 SCC 559; Ashok Kumar Yadav & Ors. v. State of Haryana [1985] Supp. 1 SCR 657 : (1985) 4 SCC 417 – referred to. List of Acts Constitution of India; Kerala Public Service Commission Rules of Procedure. 1150 [2024] 12 S.C.R. Supreme Court Reports List of Keywords Service Law; Expansion of vacancies; Ref
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