Case Note & Summary
The Supreme Court dismissed a batch of civil appeals filed by candidates empanelled in the first Ranked List (RLI) dated 11.9.2013 for the post of Sub Inspector of Police (Trainee) in Kerala. The appellants sought appointment against 93 Non-Joining Duty (NJD) vacancies reported to the Kerala Public Service Commission (KPSC) on 12.7.2016, after the expiry of the first Ranked List on 25.5.2015. The background involved a protracted selection process beginning with a 2007 notification, a preliminary objective test, and litigation challenging the consolidated ranked list. The Kerala Administrative Tribunal initially directed bifurcation of the list, but the Supreme Court ultimately upheld the consolidated list on 13.10.2015. During the pendency of that litigation, a status quo order was passed on 3.11.2014. The KPSC made three advices from the first list, the last on 11.11.2015, and the list expired on 25.5.2015. A second ranked list was released on 26.5.2015. The appellants argued that the 93 NJD vacancies should be filled from the first list as they arose during its currency. The respondents contended that the list had expired before the vacancies were reported. The Supreme Court held that no candidate has a vested right to appointment from a ranked list after its expiry, and the status quo order did not extend the list's validity. The Court noted that the vacancies were reported after expiry, and the appellants could not claim a right to be considered. The appeals were dismissed, and the interim order directing the respondents to explore possibilities was vacated.
Headnote
A) Service Law - Public Employment - Right to Appointment - Expiry of Ranked List - The core issue was whether candidates empanelled in a ranked list have a right to be considered for vacancies reported after the list's expiry. The Court held that no candidate acquires a vested right to appointment merely by being included in a ranked list, and the list ceases to have effect after its expiry, unless vacancies were reported before expiry. (Paras 1-10) B) Kerala Public Service Commission - Recruitment - Non-Joining Duty Vacancies - Reporting of Vacancies - The Court examined the nature of NJD vacancies and held that they are not 'existing' vacancies until reported. Since the 93 NJD vacancies were reported on 12.7.2016, after the first Ranked List expired on 25.5.2015, the appellants could not claim appointment from that list. (Paras 3-8) C) Service Law - Interim Orders - Effect on Ranked List Validity - The Court considered the impact of interim orders (status quo) passed during litigation. It held that the status quo order dated 3.11.2014 did not extend the life of the ranked list beyond its expiry date, as the list expired by operation of law on 25.5.2015. (Paras 6-7)
Issue of Consideration
Whether the appellants, who were empanelled in the first Ranked List (RLI) dated 11.9.2013, are entitled to be advised/appointed against 93 Non-Joining Duty (NJD) vacancies reported to the KPSC on 12.7.2016, after the expiry of the said list on 25.5.2015.
Final Decision
The Supreme Court dismissed all the civil appeals, holding that the appellants have no right to be considered for appointment from the first Ranked List after its expiry. The interim order dated 24.9.2019 directing the respondents to explore possibilities was vacated. No order as to costs.
Law Points
- Vacancy reporting
- Ranked list expiry
- Right to appointment
- Non-joining duty vacancies
- Kerala Public Service Commission rules
