State Public Service Commission Alone Has The Power To Extend The Life Span of Ranked List Of Candidates Issued By It: Kerala High Court

The Kerala High Court held that the Kerala Administrative Tribunal does not generally have the power to extend the life of the ranked list of candidates issued by Kerala Public Service Commission (PSC), and the latter alone has the power to decide the extension period. The Division Bench of Justice A. Muhamed Mustaque and Justice P. M. Manoj emphasized that PSC is a constitutional body. It referred to Rule 13 of the Kerala Public Service Commission Rules of Procedure which pertains to the lifespan of a ranked list and circumstances in which the lifespan of the ranked list can be extended. The Court held that as per the rules, only PSC has the power to extend the lifespan of the ranked list.“Further, PSC is a constitutional body. Under 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, PSC alone is empowered under law to take a decision as to the extension of the period, that too, in the circumstances referred to in the 5th proviso.”Background of the CaseThe PSC had published a ranked list on October 10, 2019 for the post of Fireman Driver-cum-Pump Operator (Trainee) in the Fire and Rescue Services. When the ranked list was still in force, a challenge was raised against the qualification to the post before the Administrative Tribunal. The Tribunal passed an interim order prohibiting PSC from advising candidates from the 2019 ranked list. This stay continued from December 18, 2019 to January 18, 2021. On January 18, 2021 the Tribunal dismissed the challenge and the stay was lifted. Meanwhile, the PSC had dismissed the 2019 ranked list on October 9, 2020.A fresh application was filed in the Tribunal seeking extension of the validity of the ranked list equal to the period for which the advice from the ranked list was stopped by the Tribunal. This was allowed. This order has been challenged by the PSC and the candidates included in a ranked list published by the PSC on May 16, 2023 for appointment to the post of Fire and Rescue Officer (Driver) (Trainee), before the high court. Actus Curiae Neminem Gravabit Not Applicable In This CaseThe high court said that applicants before the Tribunal failed to prove that any harm has been caused to them due to the interim order passed in the earlier litigation. It noted that there was no interdiction against reporting vacancies to PSC. PSC has acknowledged receipt of the proforma that report vacancies. The only interdiction was against issuing advice memo as against the vacancies reported. Therefore the high court said that there was no scope of applying the maxim Actus Curiae Neminem Gravabit in the present case–which is a principle that means that the act of court shall prejudice no one. However, the Court held that in this case no prejudice has been caused to the applicants before the Tribunal.During the lifespan of the 2019 ranked list, 62 vacancy were reported. After the stay on that ranked list was lifted, advices were issued for that vacancy. The Court has not stayed from reporting fresh vacancy. Pursuant to a fresh notification, 80 new vacancies were reported. The Court observed that the applicants suffered no harm as there was no ban on reporting vacancies to the PSC.The court said that the Tribunal could not have directed PSC to extend life of the ranked list equivalent to the period of interim order as the applicants before the Tribunal failed to make out a case that there was a ban in reporting vacancies to PSC. Accordingly, the Court set aside the order of the Tribunal extending the lifespan of the 2019 ranked list.Case No: OP (KAT) 399 of 2022 and other Connected casesCase Title: Kerala Public Service Commission v Vilayathulla P. H. and OthersCitation: 2024 LiveLaw (Ker) 760Click Here To Read/ Download Order

State Public Service Commission Alone Has The Power To Extend The Life Span of Ranked List Of Candidates Issued By It: Kerala High Court

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