NDLI: Aneesh Kumar V.s. & Ors. Vs. State of Kerala & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Public Service Commission
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Public Service Commission Rules of Procedure, 1976 – rr.13 and 14 – Applications invited for appointment to the posts of Sub Inspector of Police (Trainee) – Selection process completed, the Kerala Public Service Commission (KPSC) on 11.09.2013 published the first Ranked List (RL-I) – On 04.11.2013, KPSC issued first advice on the basis of RL-I – KPSC’s decision to have a unified/ consolidated ranked list was challenged by way of OA for not having two lists; a main and a supplementary list (which would include candidates from reserved category) – Tribunal granted interim relief on 05.12.2013 – KPSC issued second advice in respect of empanelled candidates in RL-I who had secured more than 49 marks on the basis of RL-I on 20.01.2014 – Tribunal allowed OA – High Court dismissed the petitions – Supreme Court upheld the consolidated RL-I – During the pendency of aforesaid SLPs, KPSC released second Ranked List (RL-II) on 26.05.2015 and thereby RL-I was treated as ceased to exist on 25.05.2015 – On 11.11.2015, KPSC made final advice, third advice from RL-I – RL-III notified – Aggrieved by publication of RL-II, appellants had filed OAs inter alia seeking direction for issuance of advice on the basis of RL-I (till that list ceases to exist) – Dismissed – Writ petitions filed by appellants for direction inter alia to advice (or appoint) 93 Non Joining Duty (NJD) vacancies on the basis of RL-I – DB referred the matter to Full Bench which inter alia held that RL-I expired on 01.06.2016 – Held: On a plain reading of r.13 it is clear that the Ranked List published by KPSC would remain in force for a period of one year from the date it was brought into force – It continues to be in force until the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years, whichever is earlier – First proviso is an exception to the general rule – It predicates that the general rule shall not apply in respect of Ranked List of candidates for admission to training courses that leads to automatic appointment to services or posts – In such cases, the Ranked Lists shall cease to be in force after one year from the date of finalization of Ranked Lists or after one month from the date of commencement of the course in respect of the last batch selected from the list within a period of one year from the date of finalisation of the Ranked Lists, whichever is later – RL-I was published on 11.09.2013, but because of fortuitous situation, the final (third) advice from RL-I was made by KPSC on 11.11.2015 and the last batch of 339 candidates so advised was sent for training on 01.05.2016 – Resultantly, the consequence provided by first proviso to r.13 got triggered, whereby RL-I ceased to operate in law, w.e.f 01.06.2016 – Interim order passed by the Tribunal on 05.12.2013, in no way interdicted the operation of RL-I – As a matter of fact, none of the advised candidates from RL-I had secured less than 49 marks in preliminary examination– Appellants not entitled to base their claim in reference to RL-I, which ceased to exist on 01.06.2016, by filing writ petition(s) on 12.10.2017 for the stated reliefs – NJD vacancies reported after 01.6.16 must be filled up from amongst the empanelled candidates in the fresh Ranked List, RL-II published on 26.05.2015 or RL-III published on 14.03.2019, as the case may be – Judgment of Full Bench upheld – Kerala High Court Act, 1958 – s.7 – Constitution of India – Arts.142 and 309 – Principles of Actus curiae neminem gravabit; lex non cogit ad impossibilia – Service LawPractice & Procedure – Reference by Division Bench – Exercise of jurisdiction by Full Bench – Discussed – Kerala High Court Act, 1958 – s.7
Judge	Hon'ble Mr. Justice A.M. Khanwilkar
Neutral Citation	2020 INSC 365
Petitioner	Aneesh Kumar V.s. & Ors.
Respondent	State Of Kerala & Ors.
SCR	[2020] 5 S.C.R. 625
Judgement Date	2020-04-24
Case Number	2368

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Aneesh Kumar V.s. & Ors. Vs. State of Kerala & Ors.

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