PSC's Power To Keep Alive A Ranked List Cannot Be Exercised After Its Expiry: Kerala HC [Read Judgment]

The Kerala High Court has observed that the discretionary power available to the PSC to keep alive a ranked list under the Kerala Public Service Commission Rules of Procedure cannot be exercised after its expiry.

The issue considered by the bench comprising of Justice V. Chitambaresh and Justice Ashok Menon in Subina S vs. State of Kerala was whether the Kerala Public Service Commission can be compelled by the issue of a writ of mandamus to extend the period of validity of a ranked list?

In this case, PSC rejected the request of the candidates for extending the validity of the ranked list for appointment to the post of Lecturer in Economics which was to expire on 30.5.2019. The said decision is challenged by the some candidates who had found a place in the ranked list on the ground that the power under the fifth proviso to Rule 13 of the Rules has not been exercised. The said proviso reads thus:

"Provided further that if the Commission is satisfied of the existence of a period of general ban declared by the Government on the reporting of vacancies to the Public Service Commission or of any other circumstances or of any extra-ordinary situation in which the reporting of vacancies by the appointing authorities is prevented or restricted or delayed, the Commission shall have the power to keep alive the Ranked Lists which are normally due to expire during the said period for such periods as may be decided by the Commission subject to a minimum period of three months or for such further periods but not exceeding one and a half year in the aggregate. If the Commission so decides it shall issue a Notification keeping alive the Ranked Lists in the above manner and shall advise candidates from such Ranked Lists to the vacancies reported during such extended period of validity of the Ranked List."

Following grounds were highlighted by the petitioners

• The validity of the previous ranked list was extended thereby the vacancies which would have otherwise been filled up from this ranked list were exhausted;
• The Government did not sanction sufficient number of posts despite the recommendation of the Director of Collegiate Education due to financial stringency;
• The post-flood scenario in the State of Kerala followed by the Model Code of Conduct preceding the general election impeded steps for fresh appointment to the post.

In this regard, the bench said:

The above conditions even if it been in existence cannot compel the PSC which is an autonomous constitutional body to extend the period of validity of the ranked list merely for the reason that there exists a power.

...The preparation of ranked lists by the PSC is an ongoing process from which ensuing vacancies can be filled up and mere empanelment of the petitioners in a ranked list does not give an indefeasible right. The PSC cannot be faulted with if it decides that the ensuing vacancies could be filled up from the ranked lists being drawn up in succession to give opportunity for freshers. The PSC is well within its rights in deciding not to extend the validity of a ranked list notwithstanding the recommendation of the Government if there are justifiable reasons. A case for interference with the decision of the PSC may perhaps arise if different yardsticks are adopted in extending the validity of several ranked lists covering the same period.

Referring to Thulaseedharan v. KPSC, the bench further added:

It is true that the petitioners had moved the Tribunal earlier even before the expiry of the ranked list consequent to which the PSC took the impugned decision. But the validity of the ranked list had already expired on 30.5.2019 even before the present original application was filed on 10.7.2019 to which life cannot be infused later. The discretionary power available to the PSC to keep alive a ranked list under the Rules cannot at any rate be exercised after its expiry.

Click here to Download/Read Judgment