Bindu Ka vs State Of Kerala on 22 July, 2026

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    Kerala High Court

    Bindu Ka vs State Of Kerala on 22 July, 2026

    Author: Anil K.Narendran

    Bench: Anil K.Narendran

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    OP(KAT)No.190 of 2026
    
                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
    
                                            PRESENT
    
                       THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
    
                                               &
    
                      THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
    
           WEDNESDAY, THE 22ND DAY OF JULY 2026 / 31ST ASHADHA, 1948
    
                                    OP(KAT) NO. 190 OF 2026
    
      AGAINST THE ORDER DATED 12.06.2026 IN OA NO.932 OF 2026 OF THE
    
                 KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
    
    
    PETITIONER/APPLICANT:
    
                      BINDU KA, AGED 54 YEARS, W/O KK BABU, WORKING AS
                      JUNIOR SUPERINTENDENT , AGRICULTURE DEVELOPMENT AND
                      FARMERS WELFARE, AUDIT SECTION-2, DEPARTMENT OF
                      AGRICULTURE DEVELOPMENT AND FARMERS' WELFARE,
                      DIRECTORATE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695033
                      KERALA, RESIDING AT KOLLAMMAVUDI, ADIMALI,
                      POONJARKANDOM, ADIMALI,, VTC MANNAMKANDAM, IDUKKI, PIN
                      - 685561
    
                      BY ADVS.
                      SMT.P.V.UTTARA
                      SHRI.DAVID VARGHESE THOMAS
    
    
    RESPONDENTS/RESPONDENTS:
    
            1         STATE OF KERALA
                      REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT,
                      THIRUVANANTHAPURAM, PIN - 695587
    
            2         SECRETARY TO GOVERNMENT
                      DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT,
                      THIRUVANANTHAPURAM, PIN - 682031
    
            3         SECRETARY TO GOVERNMENT
                      DEPARTMENT OF AGRICULTURE DEVELOPMENT AND FARMERS
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    OP(KAT)No.190 of 2026
    
                      WELFARE SECRETARIAT, THIRUVANANTHAPURAM, PIN - 682031
    
            4         DIRECTORATE OF AGRICULTURE DEVELOPMENT AND FARMER'S
                      WELFARE, REPRESENTED BY THE DIRECTOR OF AGRICULTURE,
                      VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
    
            5         DIRECTOR OF AGRICULTURE
                      DIRECTORATE OF AGRICULTURE DEVELOPMENT AND FARMER'S
                      WELFARE VIKAS BHAVAN THIRUVANANTHAPURAM, PIN - 695033
    
    
         SRI.SYAMANTHAK. B.S, GOVERNMENT PLEADR
             THIS OP KERALA ADMINISTRATIVE TRIBUNAL WAS FINALLY        HEARD ON
    17.06.2026, THE COURT ON 22.07.2026 PASSED THE FOLLOWING:
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    OP(KAT)No.190 of 2026
    
    
                                         JUDGMENT
    

    Muralee Krishna, J.

    The applicant in O.A.No.932 of 2026 on the file of the Kerala

    SPONSORED

    Administrative Tribunal, Thiruvananthapuram (the ‘Tribunal’ for

    short) filed this original petition, invoking the supervisory

    jurisdiction of this Court under Article 227 of the Constitution of

    India, challenging Ext.P2 interim order dated 12.06.2026 passed

    by the Tribunal in that original application.

    2. Going by the pleadings in the original application, the

    petitioner is a Junior Superintendent at the Directorate of

    Agriculture and Farmers’ Welfare, who suffers from 50%

    locomotor disability. She is aggrieved by the denial of her rightful

    reservation in promotion to various posts in the 3 rd respondent.

    The respondents have blatantly refused to fulfil the statutory

    mandate under Section 34 of the Rights of Persons with Disabilities

    Act, 2016, and not even a single instance of reservation in

    promotion has been granted in the Directorate of Agriculture and

    Farmers’ Welfare, till date. Therefore, there is a huge backlog of

    vacancies to be filled by way of reservation in promotion in all
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    OP(KAT)No.190 of 2026

    posts in the Directorate of Agriculture and Farmers’ Welfare, in the

    manner prescribed under the Persons with Disabilities Act, 1996

    and the Rights of Persons with Disabilities Act, 2016. Currently, 5

    vacancies exist in the post of Accounts Officer. The petitioner is

    qualified and entitled to be promoted to the 1 st of the vacancies,

    with retrospectivity from the date of the backlog. The 1 st of the

    said vacancies, being the first vacancy of Accounts Officer that has

    arisen in 2026, is earmarked for Persons with Disability as per the

    roster, in any event. The respondents had also refused to grant

    reservation in promotion at the time that the petitioner was

    previously promoted to the posts of Senior Clerk, Head Clerk and

    Junior Superintendent. Had the respondents 3 to 5 complied with

    the statutory mandate under Section 34 of the Rights of Persons

    with Disabilities Act, 2016, at those instances, the petitioner

    would have been promoted at a much earlier date. The petitioner

    was denied her statutory right in these instances due to no fault

    of hers, in violation of repeated directions of the Supreme Court

    and this Court, even though she was persistently demanding her

    rights, by way of Annexure A7 series representations and by
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    approaching the Supreme Court in Contempt Petition No.680 of

    2017. Therefore, the petitioner is entitled to be granted notional

    promotion with effect from the date of the backlog vacancy, along

    with all consequential service and monetary benefits, to the posts

    that she was previously promoted without granting reservation,

    i.e. in the posts of Senior Clerk, Head Clerk and Junior

    Superintendent, in the manner prescribed in Persons with

    Disabilities Act 1996 and Rights of Persons with Disabilities Act,

    2016. The respondents are liable under Section 34 of the Rights

    of Persons with Disabilities Act 2016, along with Annexures A3, A4

    and A4(a) and the judicial precedents to calculate the backlog and

    grant the petitioner notional promotion from such date. With these

    pleadings, the petitioner approached the Tribunal by filing the

    original application under Section 19 of the Administrative

    Tribunals Act, 1985, seeking the following reliefs;

    “1. Set aside Annexure A5 select list, to the extent the
    applicant is not included for consideration by the DPC for
    promotion to the post of Accounts Officer;

    2. Set aside Annexure A9 and A10 as violative of Annexure
    A4(a) judgment;

    3. declare that the refusal on the part of the respondents to
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    implement the reservation in promotion to Differently Abled
    employees to is illegal, arbitrary and violative of Sections 34
    of the Rights of Persons with Disabilities Act, 2016, violative
    of Article 14 and 16 of the Constitution and various
    Judgments of Hon’ble Supreme Court and High Court of
    Kerala;

    4. Direct the respondents to implement reservation in
    promotion to Differently Abled employees to higher posts,
    particularly to the posts of Accounts Officer, Senior Clerk,
    Head Clerk and Junior Superintendent;

    5. Call for all records relating to the promotion to the post
    of Accounts Officer:

    6. Declare that the respondents 3-5 are liable to promote
    the applicant to the vacancy of Accounts Officer with
    retrospective effect from the date of backlog vacancy
    earmarked for PWD reservation in terms with the provisions
    of Section 34 of the Rights of Persons with Disabilities Act,
    2016
    , along with all consequential benefits;

    7. Direct the respondents 3-5 to promote the applicant to
    the post of Accounts Officer, Officer with retrospective effect
    from the date of backlog vacancy earmarked for PWD
    reservation in terms with the provisions of Section 34 of the
    Rights of Persons with Disabilities Act, 2016, along with all
    consequential benefits;

    8. Call for all records concerning the backlog 3% vacancies
    in the post of Accounts Officer, Senior Clerk, Head Clerk and
    Junior Superintendent between 07.02.1996 to 18.04.2017
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    and 4% vacancies from 19.04.2017 earmarked for PWD
    reservation;

    9. Declare that the respondents 3-5 are liable to fill up the
    backlog of 3% vacancies earmarked for promotion to the
    post of Accounts Officer, Senior Clerk, Head Clerk and Junior
    Superintendent from 07.02.1996 to 18.04.2017 and 4%
    from 19.04.2017, forthwith;

    10. Direct the respondents 3-5 to fill up the backlog of 3%
    vacancies earmarked for promotion to the post of Accounts
    Officer, Senior Clerk, Head Clerk and Junior Superintendent
    from 07.02.1996 to 18.04.2017 and 4% from 19.04.2017,
    forthwith;

    11. Declare that the applicant is entitled to be granted
    notional promotion in the posts of Senior Clerk, Head Clerk
    and Junior Superintendent from the date of the backlog
    vacancy, along with consequential monetary and service
    benefits;

    12. Direct the respondents 3-5 to grant the applicant
    notional promotion in the posts of Senior Clerk, Head Clerk
    and Junior Superintendent from the date of the backlog
    vacancy, along with consequential monetary and service
    benefits;

    13. Direct the respondents 3 and 5 to consider and pass
    orders in Annexure A11 representation.

    14. Declare that the applicant is entitled to temporary
    promotion in the post of Accounts Officer, until orders are
    passed regularly promoting her as Accounts Officer;

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    15. Direct the respondents 3-5 to issue the applicant with
    temporary promotion in the post of Accounts Officer, until
    orders are passed regularly promoting her as Accounts
    Officer”.

    3. In the original application, the petitioner-applicant

    sought an interim order to direct the respondents to keep vacant

    the currently existing 5 vacancies in the post of Accounts Officer

    and direct the respondents to issue temporary promotion to the

    petitioner-applicant in tune with Rule 31 of Kerala State and

    Subordinate Service Rules, in the post of Accounts Officer,

    provisionally and subject to the result of the original application.

    4. On 12.06.2026, when the original application came up

    for consideration, the Tribunal passed the impugned Ext.P2 order,

    whereby the Tribunal declined the interim relief. Paragraphs 5 and

    6 and the last paragraph of that order read thus;

    “5. The applicant was not included in Annexure A5 Select
    List for promotion to the post of Accounts Officer. Her
    request for granting promotion as provided under the RPwD
    Act
    and the above Government Orders in the light of the
    judgment of the Hon’ble High Court was declined vide
    Annexure A9 communication from the 3rd respondent
    received by her through Annexure A10 communication from
    the 5th respondent. The prayer in the Original Application is
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    to set aside the Annexure A5 Select List and also Annexure
    A9 and A10 communications. Evidently, promotion to the
    cadre of Accounts Officer requires consideration of the merit
    and suitability of a member of service in the feeder category
    as assessed by the Departmental Promotion Committee
    (DPC). The Annexure A5 Select List was prepared by the DPC
    (Higher) in its meeting on 26.03.2026 and notified by the
    Government on 24.04.2026. The applicant has not raised
    any statutory objection against this Select List. She also has
    not impleaded any of the persons included in the Select List
    whose interest is likely to be affected, if any interim order is
    granted in this Original Application.

    6. Under the above circumstances, this Tribunal finds that
    no interim order can be issued which will have any negative
    impact on the promotion prospects of the persons included
    in the Annexure A5 Select List till they are given an
    opportunity to present their side. Accordingly, the prayer for
    interim order is declined.

    Post after one month for the reply statement of the
    respondents.”

    5. Being aggrieved by the non-granting of interim relief

    prayed in the original application, the petitioner is now before this

    Court with this original petition.

    6. Heard the learned counsel for the petitioner and the

    learned Government Pleader.

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    7. During the course of arguments, the learned counsel

    for the petitioner submitted that the petitioner did not implead the

    persons included in Annexure A5 select list in the original

    application for the reason that the petitioner is seeking her

    incorporation in the select list and she is not challenging the

    inclusion of the persons mentioned therein in the select list. The

    learned counsel further submitted that the addresses of the

    persons included in Annexure A5 select list could not be obtained

    by the petitioner at the time of filing the original application, and

    hence also, they were not made parties in the original application.

    It is the argument of the learned counsel that only for the reason

    of non-impleadment of the persons in Annexure A5 select list in

    the original application, the interim relief cannot be refused by the

    Tribunal. In support of the aforesaid argument, the learned

    counsel relied on the judgment of the Apex Court in A.

    Janardhana v. Union of India [(1983) 3 SCC 601]. The

    learned counsel for the petitioner vehemently submitted that if an

    interim order is not granted directing the respondents at least to

    keep vacant one vacancy out of the currently existing five
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    vacancies in the cadre of Accounts Officer, the petitioner will be

    put to irreparable hardships.

    8. On the other hand, the learned Government Pleader

    submitted that Annexure A5 select list was published on

    24.04.2026. However, while filing the original application, the

    petitioner did not implead the affected parties, that is, the persons

    included in Annexure A5 select list who will be affected if an order

    is passed in favour of the petitioner, in the original application.

    Moreover, the petitioner did not raise any statutory objection

    against Annexure A5 select list. Therefore, there is no ground to

    interfere with the impugned Ext.P2 order of the Tribunal.

    9. Article 227 of the Constitution of India deals with the

    power of superintendence over all courts by the High Court. Under

    clause (1) of Article 227 of the Constitution, every High Court shall

    have superintendence over all courts and tribunals throughout the

    territories in relation to which it exercises jurisdiction.

    10. In Estralla Rubber v. Dass Estate (Pvt.) Ltd

    [(2001) 8 SCC 97], the Apex Court held thus;

    “The scope and ambit of exercise of power and jurisdiction
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    by a High Court under Art.227 of the Constitution of India
    is examined and explained in number of decisions of this
    Court. The exercise of power under this Article involves a
    duty on the High Court to keep inferior courts and tribunals
    within the bounds of their authority and to see that they do
    duty expected or required by them in a legal manner. The
    High Court is not vested with any unlimited prerogative to
    correct all kinds of hardship or wrong decisions made within
    the limits of the jurisdiction of the courts subordinate or
    tribunals. Exercise of this power and interfering with the
    orders of the courts or tribunal is restricted to cases of
    serious dereliction of duty and flagrant violation of
    fundamental principles of law or justice, where if High Court
    does not interfere, a grave injustice remains uncorrected. It
    is also well settled that the High Court while acting under
    this Article cannot exercise its power as an appellate court
    or substitute its own judgment in place of that of the
    subordinate court to correct an error, which is not apparent
    on the fact of the record. The High Court can set aside or
    ignore the findings of facts of inferior court or tribunal, if
    there is no evidence at all to justify or the finding is so
    perverse, that no reasonable person can possibly come to
    such a conclusion, which the court or Tribunal has come to.”

    11. In Shalini Shyam Shetty v. Rajendra Shankar Patil

    [(2010) 8 SCC 329] the Apex Court, while analysing the scope

    and ambit of the power of superintendence under Article 227 of
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    the Constitution, held that the object of superintendence, both

    administrative and judicial, is to maintain efficiency, smooth and

    orderly functioning of the entire machinery of justice in such a way

    as it does not bring it into any disrepute. The power of interference

    under Article 227 is to be kept to the minimum to ensure that the

    wheel of justice does not come to a halt and the fountain of justice

    remains pure and unpolluted in order to maintain public

    confidence in the functioning of the tribunals and courts

    subordinate to the High Court.

    12. In Jai Singh v. Municipal Corporation of Delhi

    [(2010) 9 SCC 385], while considering the nature and scope of

    the powers under Article 227 of the Constitution of India, the Apex

    Court held that, undoubtedly the High Court, under Article 227 of

    the Constitution, has the jurisdiction to ensure that all subordinate

    courts, as well as statutory or quasi-judicial tribunals exercise the

    powers vested in them, within the bounds of their authority. The

    High Court has the power and the jurisdiction to ensure that they

    act in accordance with the well-established principles of law. The

    exercise of jurisdiction must be within the well-recognised
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    constraints. It cannot be exercised like a ‘bull in a china shop’, to

    correct all errors of the judgment of a court or tribunal, acting

    within the limits of its jurisdiction. This correctional jurisdiction can

    be exercised in cases where orders have been passed in grave

    dereliction of duty or in flagrant abuse of fundamental principles

    of law or justice.

    13. In K.V.S. Ram v. Bangalore Metropolitan Transport

    Corporation [(2015) 12 SCC 39] the Apex Court held that, in

    exercise of the power of superintendence under Article 227 of the

    Constitution of India, the High Court can interfere with the order

    of the court or tribunal only when there has been a patent

    perversity in the orders of the tribunal and courts subordinate to

    it or where there has been gross and manifest failure of justice or

    the basic principles of natural justice have been flouted.

    14. In Sobhana Nair K.N. v. Shaji S.G. Nair [2016 (1)

    KHC 1] a Division Bench of this Court held that, the law is well

    settled by a catena of decisions of the Apex Court that in

    proceedings under Article 227 of the Constitution of India, this

    Court cannot sit in appeal over the findings recorded by the lower
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    court or tribunal and the jurisdiction of this Court is only

    supervisory in nature and not that of an appellate court.

    Therefore, no interference under Article 227 of the Constitution is

    called for, unless this Court finds that the lower court or tribunal

    has committed manifest error, or the reasoning is palpably

    perverse or patently unreasonable, or the decision of the lower

    court or tribunal is in direct conflict with settled principles of law.

    15. In view of the law laid down in the decisions referred

    to supra, the High Court, in exercise of its supervisory jurisdiction

    under Article 227 of the Constitution of India, cannot sit in appeal

    over the findings recorded by a lower court or tribunal. The

    supervisory jurisdiction cannot be exercised to correct all errors of

    the order or judgment of a lower court or tribunal, acting within

    the limits of its jurisdiction. The correctional jurisdiction under

    Article 227 can be exercised only in a case where the order or

    judgment of a lower court or tribunal has been passed in grave

    dereliction of duty or in flagrant abuse of fundamental principles

    of law or justice. Therefore, no interference under Article 227 is

    called for, unless the High Court finds that the lower court or
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    tribunal has committed manifest error, or the reasoning is palpably

    perverse or patently unreasonable, or the decision of the lower

    court or tribunal is in direct conflict with settled principles of law

    or where there has been gross and manifest failure of justice or

    the basic principles of natural justice have been flouted.

    16. Annexure A5 select list of officers eligible for promotion

    to the category of Accounts Officer/Administrative Assistant in

    Agriculture Development and Farmers Welfare Department for the

    year 2026 was published on 24.04.2026, which was prepared by

    the Departmental Promotion Committee (Higher), which met on

    26.03.2026. The petitioner did not implead any of the persons

    included in Annexure A5 select list in the original application.

    17. In A. Janardhana [(1983) 3 SCC 601] at paragraph

    36, the Apex Court held thus;

    “36. It was contended that those members who have scored
    a march over the appellant in 1974 seniority list, having not
    been impleaded as respondents, no relief can be given to
    the appellant. In the writ petition filed in the High Court,
    there were in all 418 respondents. Amongst them, first two
    were Union of India and Engineer in Chief, Army
    Headquarters, and the rest presumably must be those
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    shown senior to the appellant. By an order made by the High
    Court, the names of respondent 3 to 418 were deleted since
    notices could not be served on them on account of the
    difficult in ascertaining their present addresses on their
    transfers subsequent to the filing of these petitions.
    However, it clearly appears that some direct recruits led by
    Mr. Chitkara appeared through counsel Shri Murlidhar Rao
    and had made the submissions on behalf of the direct
    recruits. Further an application was made to this Court by 9
    direct recruits led by Shri T. Sudhakar for being impleaded
    as parties, which application was granted and Mr. P. R.
    Mridul, learned senior counsel appeared for them. Therefore,
    the case of direct recruits has not gone unrepresented and
    the contention can be negatived on this short ground.
    However, there is a more cogent reason why we would not
    countenance this contention. In this case, appellant does not
    claim seniority over any particular individual in the
    background of any particular fact controverted by that
    person against whom the claim is made. The contention is
    that criteria adopted by the Union Government in drawing
    up the impugned seniority list are invalid and illegal and the
    relief is claimed against the Union Government restraining it
    from upsetting or quashing the already drawn up valid list
    and for quashing the impugned seniority list. Thus the relief
    is claimed against the Union Government and not against
    any particular individual. In this background, we consider it
    unnecessary to have all direct recruits to be impleaded as
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    respondents. We may in this connection refer to General
    Manager, South Central Rly., Secundrabad v. A. V R.
    Sidhanti
    [1974 (3) SCR 207 at p. 212 : AIR 1974 SC
    1755 at P. 1759]. Repelling a contention on behalf of the
    appellant that the writ petitioners did not implead about 120
    employees who were likely to be affected by the decision in
    the case, this Court observed that the respondents (original
    petitioners) are impeaching the validity of those policy
    decisions on the ground of their being violative of Articles 14
    and 16 of the Constitution. The proceedings are analogous
    to those in which the constitutionality of a statutory rule
    regulating to seniority of government servants is assailed.
    In such proceedings, the necessary parties to be impleaded
    are those against whom the relief is sought, and in whose
    absence no effective decision can be rendered by the Court.
    Approaching the matter from this angle, it may be noticed
    that relief is sought only against the Union of India and the
    concerned Ministry and not against any individual nor any
    seniority is claimed by anyone individual against another
    particular individual and, therefore, even if technically the
    direct recruits were not before the Court, the petition is not
    likely to fail on that ground. The contention of the
    respondents for this additional reason must also be
    negatived”. (Underline supplied)

    18. In A. Janardhana [(1983) 3 SCC 601], noting that

    the relief is claimed against the Union Government and not against

    any particular individual, the Apex Court held that, only for the
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    reason that the direct recruits who would be affected by the

    judgment were not made parties, the writ petition is not likely to

    fail. From the facts of the said case, it is clear that the relief sought

    therein is against the Union Government, restraining it from

    upsetting or quashing the already drawn up valid list. But in the

    instant case, the petitioner is claiming the relief of her inclusion in

    the select list and also a direction to keep the posts vacant, which

    will definitely affect the promotion expected by the persons

    included in Annexure A5 select list.

    19. In Vijaykumar Kaul v. Union of India [(2012) 7

    SCC 610], the Apex Court, while considering the non-

    impleadment of the affected persons in the select list under

    challenge, held thus:

    “28. Another aspect needs to be highlighted. Neither before
    the tribunal nor before the High Court, Parveen Singh and
    others were arrayed as parties. There is no dispute over the
    factum that they are senior to the appellants and have been
    conferred the benefit of promotion to the higher posts. In
    their absence, if any direction is issued for fixation of
    seniority, that is likely to jeopardise their interest. When
    they have not been impleaded as parties such a relief is
    difficult to grant. In this context we may refer with profit to
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    the decision in Indu Shekhar Singh and Others v. State of
    U.P. and Others
    , AIR 2006 SC 2432 wherein it has been held
    thus: –

    “There is another aspect of the matter. The appellants
    herein were not joined as parties in the writ petition filed by
    the respondents. In their absence, the High Court could not
    have determined the question of inter se seniority.”

    29. In Public Service Commission, Uttaranchal v. Mamta
    Bisht and Others
    , AIR 2010 SC 2613 this Court while dealing
    with the concept of necessary parties and the effect of non

    – impleadment of such a party in the matter when the
    selection process is assailed observed thus: –

    “7. ”. In Udit Narain Singh Malpaharia v. Additional Member,
    Board of Revenue, Bihar and Another
    , AIR 1963 SC 786,
    wherein the Court has explained the distinction between
    necessary party, proper party and proforma party and
    further held that if a person who is likely to suffer from the
    order of the Court and has not been impleaded as a party
    has a right to ignore the said order as it has been passed in
    violation of the principles of natural justice. More so, proviso
    to Order I, Rule IX of Code of Civil Procedure, 1908
    (hereinafter called CPC) provide that non – joinder of
    necessary party be fatal. Undoubtedly, provisions of CPC are
    not applicable in writ jurisdiction by virtue of the provision
    of S.141, CPC but the principles enshrined therein are
    applicable.
    (Vide Gulabchand Chhotalal Parikh v. State of
    Gujarat
    ; AIR 1965 SC 1153; Babubhai Muljibhai Patel v.

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    OP(KAT)No.190 of 2026

    Nandlal, Khodidas Barat and Others [AIR 1974 SC 2105];
    and Sarguja Transport Service v. State Transport Appellate
    Tribunal, Gwalior and Others
    [AIR 1987 SC 88].

    8. In Prabodh Verma and Others v. State of U.P. and Others
    AIR 1985 SC 167; and Tridip Kumar Dingal and Others v.
    State of West Bengal and Others
    [2009 (1) SCC 768 : (AIR
    2008 SC (Supp) 824], it has been held that if a person
    challenges the selection process, successful candidates or
    at least some of them are necessary parties.”

    30. From the aforesaid enunciation of law there cannot be
    any trace of doubt that an affected party has to be
    impleaded so that the doctrine of audi alteram partem is
    not put into any hazard”.

    (underline supplied)

    20. In Vinod. V v. University of Kerala [ILR 2024(2)

    ker. 196], in a similar situation of non-impleadment of the

    persons in the promotion list under challenge, a division Bench of

    this Court held thus;

    “31. It was further pointed out by the learned Senior
    counsel for the petitioners that some of the party
    respondents have filed W.P.(C)No.6297 of 2019 and
    W.P.(C)No.4755 of 2019 seeking a declaration that there is
    no requirement of test for promotion and that promotion
    has to be made irrespective of the passing or date of
    passing the test. W.P.(C)No.8866 of 2018 was filed seeking
    promotion based on Ext.P8 which has been assailed by the
    CNR : KLHC010439432026

    2026:KER:53774
    22
    OP(KAT)No.190 of 2026

    petitioners herein. However, in none of these cases, the
    affected persons have been made parties. The party
    respondents on the other hand contend that though
    affected persons have not been made parties in the said
    writ petitions, paper publication has been effected which is
    sufficient notice to the affected parties. We disagree.
    Publication in the newspaper does not cure the defect of
    non joinder of necessary parties. There was only a specified
    and definite number of candidates who were required to be
    impleaded. It is not as if there was a large unspecified
    number of people to be affected. In such cases, resort
    cannot be made to Rule 148 of the Kerala High Court Rules,
    which Rule can be applied only when very large number of
    candidates are involved and it is not possible to pin point
    those candidates with details. Hence, the writ petitions filed
    by the party respondents will have to fail on the ground of
    absence of necessary parties in the party array. This is
    because the prayer sought for in the writs filed by the party
    respondents if accepted, would result in a total
    rearrangement of the seniority list by which the seniority
    and promotion of several employees would be affected. It
    was thus imperative that all those persons who would be
    affected, should have been impleaded as they would be
    adversely affected without being heard (K.H.Siraj v. High
    Court of Kerala [2006 (6) SCC 395])”.

    (underline supplied)

    21. Though Annexure A5 select list was published on
    CNR : KLHC010439432026

    2026:KER:53774
    23
    OP(KAT)No.190 of 2026

    24.04.2026, the petitioner did not object the same, till the filing

    of the original application. It is evident from Annexure A5 select

    list and from the pleadings in the original application that if the

    contention of the petitioner is found in her favour, the persons

    included in Annexure A5 select list will be adversely affected. In

    such circumstances, they cannot be held as not necessary parties

    to the original application.

    22. Annexure A5 select list for promotion to the post of

    Accounts Officer was prepared by the Departmental Promotion

    Committee (Higher) in its meeting on 26.03.2026, which requires

    a detailed consideration of the merit and suitability of the persons

    in the feeder category. The petitioner is claiming the benefit of

    reservation in promotion on the basis of Section 34 of the Rights

    of Persons with Disabilities Act, 2016. To accept the contention of

    the petitioner, a detailed analysis of the facts pleaded in the

    original application, and the contentions of the persons whose

    rights will be prejudiced, is necessary. Therefore, an interim order

    as sought in the original application cannot be granted in favour

    of the petitioner.

    CNR : KLHC010439432026

    2026:KER:53774
    24
    OP(KAT)No.190 of 2026

    Having considered the pleadings and materials on record and

    the submissions made at the Bar, in the light of the judgments

    referred to supra, we find no illegality or impropriety in the

    impugned order of the Tribunal that if the vacancies are kept

    vacant as requested by the petitioner, the persons included in the

    select list will be adversely affected and therefore without their

    presence it is not possible to consider the granting of an interim

    order in the original application. In such circumstances, we find

    no ground to interfere with the impugned order of the Tribunal.

    In the result, this original petition stands dismissed. All

    pending interlocutory applications stand dismissed.

    Sd/-

    ANIL K.NARENDRAN, JUDGE
    Sd/-

    sks                               MURALEE KRISHNA S., JUDGE
                                                                    CNR : KLHC010439432026
    
    
    
    
                                                                           2026:KER:53774
                                            25
    OP(KAT)No.190 of 2026
    
    
                            APPENDIX OF OP(KAT) NO. 190 OF 2026
    
    PETITIONER ANNEXURES
    
    Annexure A1                 TRUE   COPY    OF   THE    APPLICANT'S    DISABILITY
    

    CERTIFICATE NO. 644/2002 DATED 04.07.2002 ISSUED
    BY THE DISTRICT MEDICAL BOARD, IDUKKI ATTESTED BY
    THE CIRCLE INSPECTOR OF POLICE ADIMALI, ON
    16.05.2008
    Annexure A2 TRUE COPY OF THE SPECIAL RULES PRESCRIBING THE
    QUALIFICATION FOR THE POST OF ACCOUNTS OFFICER,
    OFFICES OF THE DIRECTORATE OF AGRICULTURE AND
    TRAINING, ISSUED VIDE GO(P) NO. 464/1966/PRD
    DATED 26.11.1966
    Annexure A3 TRUE COPY OF OM NO. 36012/1/2020-ESTT.(RES.-II)
    DATED 17.05.2022 ISSUED BY THE DEPUTY SECRETARY
    TO THE GOVERNMENT OF INDIA, MINISTRY OF
    PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
    DEPARTMENT OF PERSONNEL AND TRAINING
    Annexure A4 TRUE COPY OF THE G.O.(P)NO.6/2023/SJD DATED, 26-
    10-2023 ISSUED BY THE 1ST RESPONDENT
    Annexure A4(a) TRUE COPY OF THE RELEVANT PAGES OF THE JUDGMENT
    IN WA 173/2025 DATED 06.10.2025 OF THE HON’BLE
    HIGH COURT OF KERALA IN SHOYAB KA V. STATE OF
    KERALA 2025:KER:73015
    Annexure A5 TRUE SELECT LIST OF OFFICERS ELIGIBLE FOR
    PROMOTION TO THE CATEGORY OF ACCOUNTS OFFICER/
    ADMINISTRATIVE ASSISTANT IN AGRICULTURE
    DEVELOPMENT AND FARMERS WELFARE DEPARTMENT FOR
    THE YEAR 2026, PREPARED BY THE DEPARTMENTAL
    PROMOTION COMMITTEE (HIGHER), WHICH MET ON
    26.03.2026 PUBLISHED BY WAY OF G.O. (P) NO.
    7/2026/AGRI DATED 24.04.2026
    Annexure A6 TRUE RELEVANT PAGES OF THE SENIORITY LIST IN THE
    POST OF SENIOR CLERK FOR THE PERIOD BETWEEN
    26.01.2005 TO 03.10.2013 ISSUED VIDE ORDER SA(4)-
    7241/14 DTD 05/05/2016 BY THE AGRICULTURE
    DEVELOPMENT AND FARMERS’ WELFARE DEPARTMENT
    Annexure A7 TRUE COPY OF THE REPRESENTATION DATED 06.05.2013
    FILED BY THE APPLICANT BEFORE THE 3RD RESPONDENT
    Annexure A7(a) TRUE COPY OF THE REPRESENTATION DATED 30.05.2014
    PREFERRED BY THE APPLICANT BEFORE THE 5TH
    RESPONDENT
    Annexure A7(b) TRUE COPY OF THE REPRESENTATION DATED 16.05.2019
    PREFERRED BY THE APPLICANT BEFORE THE 2ND
    RESPONDENT AND 5TH RESPONDENT
    Annexure A8 TRUE COPY OF THE ORDER OF THE HON’BLE SUPREME
    COURT DATED 19.05.2022 IN CONTEMPT PETITION
    680/2020 IN CA 1567/2017
    CNR : KLHC010439432026

    2026:KER:53774
    26
    OP(KAT)No.190 of 2026

    Annexure A9 TRUE COPY OF THE LETTER NO. AGRI-EB3/100/2022-
    AGRI DATED 05.07.2024 ISSUED BY THE 3RD
    RESPONDENT TO THE 5TH RESPONDENT
    Annexure A10 TRUE COPY OF THE REPLY NO. ADFW/6521/2022-SA4
    DATED 31.06.2024 ISSUED BY THE 5TH RESPONDENT TO
    THE APPLICANT
    Annexure A11 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE
    APPLICANT BEFORE THE 3RD AND 5TH RESPONDENT,
    DATED 22.05.2026, ALONG WITH THE POSTAL RECEIPT
    Annexure A12 TRUE COPY OF THE RTI DATED 30.03.2026 PREFERRED
    BY THE APPLICANT BEFORE THE PUBLIC INFORMATION
    OFFICER, DEPARTMENT OF AGRICULTURE AND FARMER’S
    WELFARE, DIRECTORATE, THIRUVANANTHAPURAM
    Annexure A12(a) TRUE COPY OF THE RTI REPLY NO. ADFW/4418/2026-SA2
    DATED 30.04.2026, ISSUED BY THE STATE PUBLIC
    INFORMATION OFFICER, DEPARTMENT OF AGRICULTURE
    AND FARMER’S WELFARE, DIRECTORATE,
    THIRUVANANTHAPURAM
    Annexure A13 TRUE COPY OF THE RTI DATED 28.03.2026 PREFERRED
    BY MR. DAVISON JOSEPH
    Exhibit P1 TRUE COPY OF THE MEMORANDUM OF OA 932/2026 FILED
    BY THE PETITIONER BEFORE THE HON’BLE KERALA
    ADMINISTRATIVE TRIBUNAL
    Exhibit P2 TRUE COPY OF THE ORDER DATED 12.06.2026 IN OA
    932/2026 ISSUED BY THE HON’BLE KERALA
    ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
    Exhibit P3 TRUE COPY OF THE INTERIM ORDER DATED 25.11.2021
    ISSUED BY THIS HON’BLE COURT IN WP(C) 3622/2021
    TITLED ANU JAYAPALAN V. UNION OF INDIA, STAYING
    THE SELECTION PROCESS INITIATED IN VIOLATION OF
    THE RPWD ACT 2016
    Exhibit P4 TRUE COPY OF THE INTERIM ORDER DATED 23.09.2021
    IN WP(C)19808/2021 TITLED KJ VARGHESE V. STATE OF
    KERALA
    Exhibit P4(a) TRUE COPY OF THE INTERIM ORDER DATED 23.12.20211
    MODIFYING THE INTERIM ORDER DATED 23.09.2021 IN
    WP(C)19808/2021 TITLED KJ VARGHESE V. STATE OF
    KERALA



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