[OP(KAT) Nos.482/2025, 496/2025 & 499/2025]
Muralee Krishna S., J.
The 2nd applicant in O.A.No.1947 of 2021, the 1st and 3rd
applicant in O.A.No.886 of 2021 and the 3rd applicant in
O.A.No.2181 of 2021 on the file of the Kerala Administrative
Tribunal, Thiruvananthapuram, (‘the Tribunal’ for short) filed
these original petitions, invoking the supervisory jurisdiction of
this Court under Article 227 of the Constitution of India,
challenging the common order dated 03.04.2025 passed by the
Tribunal in those original applications.
2. The applicants in the original applications are included
in the ranked list dated 28.12.2018 for the post of UPSA
(Malayalam Medium) in Alappuzha District, the selection of which
was conducted pursuant to the notification dated 15.10.2014 of
the Kerala Public Service Commission (‘the KPSC’ for short). As
per G.O.(Rt)No.3287/2021/GEdn dated 06.07.2021, the
Government has ordered that the staff fixation made in
Government and Aided Schools for the year 2019-20 will continue
for the academic years 2020-21 and 2021-22 in the background
of Covid 19 Pandemic. According to the applicants, despite the
existence of a large number of vacancies of UPSA (Malayalam
OP(KAT)Nos.482, 496 & 499 of 2025 9 2026:KER:12906
Medium), the same are not being reported to the KPSC. The
applicants plead that the amendment made to the Right of
Children to Free and Compulsory Education Act, 2009, as per
GO(P)No.1/2021/GEdn dated 05.01.2021, is under challenge in
various original applications before the Tribunal, wherein there is
an interim order of status quo. Therefore, the vacancies of the
Head Masters in various schools, including retirement vacancies,
are being left vacant. In such circumstances, the applicants who
are included in the ranked list of Alappuzha District are seriously
prejudiced due to the non-reporting of the vacancies to the KPSC.
The ranked list published by the KPSC expired on 27.12.2021.
Before the expiry of the ranked list, the applicants filed the
respective original applications under Section 19 of the
Administrative Tribunals Act, seeking a direction against the
Deputy Director of Education, Alappuzha, to report all existing
vacancies of UPSA (Malayalam Medium) and also consequential
vacancies of Head Master promotion and staff fixation, to the
District Officer of the KPSC, Alappuzha, before the expiry of the
ranked list. The applicants have also sought for a direction against
the District Officer of the KPSC, Alappuzha, to issue advice memos
against the vacancies reported, including the applicants from the
ranked list and to direct the Deputy Director of Education,
OP(KAT)Nos.482, 496 & 499 of 2025 10 2026:KER:12906
Alappuzha, to issue orders of appointment against the advised
vacancies, including the applicants from the ranked list.
