Non-Joining Duty Vacancies Must Follow Original Roster System, Cannot Be Diverted To By-Transfer Category: Kerala HC

Background

The dispute revolved around the filling of NJD (non-joining duty) vacancies for the post of Non-Vocational Teacher (English) in Kerala's Vocational Higher Secondary Education (VHSE) Department. The KPSC had created two ranked lists—one for direct recruitment and another for by-transfer recruitment (from qualified High School Assistants and LP/UP Assistants). The ranked list for direct recruitment expired on 2 February 2020, but the by-transfer category list remained active.

The Kerala Administrative Tribunal directed that the NJD vacancies, which arose after the expiration of the direct recruitment list, be filled from the by-transfer category. The KPSC challenged this decision, arguing that the vacancies should be filled based on the roster for the general category.

Arguments

KPSC argued that NJD vacancies must be treated separately and renotified for general category appointments, as they arise after the expiry of the direct recruitment list. Filling these vacancies from the by-transfer category would undermine the roster-based system that ensures fair distribution of posts among different categories. KPSC contended that renotification was necessary to maintain the integrity of the recruitment process, as NJD vacancies might affect roster turns and general category appointments.

The respondents argued that since the by-transfer category list was still active when the NJD vacancies arose, the vacancies should be allocated to that list. They maintained that the Tribunal's order upheld the rights of qualified teachers in the by-transfer category, ensuring they had access to available positions.

Court's Reasoning

The court's analysis focused on the importance of preserving the roster system and the established recruitment procedures. It emphasized that NJD vacancies are inherently tied to the general category recruitment process and cannot be treated as independent or transferrable to a different recruitment list. The court noted that when a general recruitment list expires, any vacancies, including NJD vacancies, must be renotified and filled according to the same rules governing the original recruitment.

The court held that allowing the NJD vacancies to be filled from the by-transfer category would create a discrepancy in the roster system. The roster-based recruitment ensures fair and equitable allocation of posts, particularly for reserved categories and general candidates. By disregarding the general recruitment list and assigning NJD vacancies to the by-transfer list, the KAT's order disrupted this carefully balanced system. The court stressed that NJD vacancies must be treated as part of the general category cycle, even if they arise after the expiration of a ranked list. It reasoned that these vacancies were not “new” positions but part of an ongoing recruitment cycle that needed to be concluded within the roster framework.

The court also pointed out that the roster system plays a crucial role in preventing favoritism or discrimination in appointments. Adhering to this system ensures that vacancies are filled transparently and fairly, in line with constitutional mandates. The court underscored that the recruitment of teachers, particularly in critical positions like Non-Vocational Teachers, must follow established protocols to maintain trust in public appointments.

Additionally, the court rejected the argument that the by-transfer list, being still active, should have been used for filling NJD vacancies. It clarified that the life of a ranked list determines its applicability to any vacancies arising within that period. Once the general list expires, any remaining vacancies must be renotified and cannot be diverted to another category. Recruitment processes must be consistent and follow a logical sequence, respecting the expiration of lists and the boundaries between different recruitment categories. Thus, the Kerala High Court set aside the orders of the Kerala Administrative Tribunal and ruled that the NJD vacancies in the post of Non-Vocational Teacher (English) could not be filled from the by-transfer category after the expiry of the general recruitment list.

Case Title: KPSC v. Lasitha A.K.

Citation: 2024 LiveLaw (Ker) 675

Counsel for the Petitioner: Adv. P.C. Sasidharan

Counsel for the Respondents: Adv. Molty Majeed, Adv. K.H. Asif, Adv. Ruben George Rock, and Adv. Nisha Bose

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