Autonomy Of KPSC Confined To Conduct Of Selection Process; Determination Of Number Of Vacancies & Requisition For Employees Is State Govt’s Prerogative: SC

The Court directed the Kerala Public Service Commission (KPSC) to expand the rank list for Junior Health Inspector Grade-II posts in the Municipal Common Service in order to include additional vacancies identified by the State Government. The Court set aside the Kerala High Court’s Judgment, which upheld the KPSC’s decision to deny the Government’s recommendations for filling unfilled vacancies.

The Bench of Justice Vikram Nath and Justice Prasanna B. Varale observed, “The primary role of the KPSC is to aid and facilitate the selection process. It functions as an autonomous body within the framework laid down by the Constitution of India, ensuring transparency and merit-based recruitment. However, its autonomy is confined to the conduct of the selection process. Determination of the number of vacancies and the requisition for employees remain the prerogative of the State Government, which is the employer. This fundamental distinction was overlooked by the High Court, leading to an erroneous interpretation of the KPSC’s authority.”

Senior Advocate Nikhil Goel represented the Appellants.

The recruitment process was initiated through two notifications issued by KPSC inviting applications for Junior Health Inspector Grade-II posts across 14 districts in Kerala. The process included a common written examination and interviews, culminating in rank lists published in 2020, which remained valid until February 2023.

Due to overlapping candidates in multiple rank lists, non-joining of selected candidates, and relinquishment of claims, several vacancies remained unfilled. The State Government recommended expanding the rank lists to accommodate these vacancies, but KPSC rejected this request.

The High Court held that while the Government served as the employer and KPSC functioned as a selection agency, neither the Government nor any Courts have the authority to direct KPSC to modify or expand the rank lists to address unfilled vacancies. It was reiterated that KPSC retained full autonomy in such matters. Aggrieved by this decision, the Appellants filed the present Appeals.

The Supreme Court stated that the Government’s request does not interfere with the selection process itself but pertains to the utilization of the rank list to address emergent needs. “During this period, the Government’s needs evolved, and additional vacancies arose. It is unreasonable for the KPSC to deny the Government’s request to expand the rank list to include these vacancies, particularly when the process remains within the bounds of the original notification,” it stated.

“The Government, as the employer, is best positioned to assess its workforce requirements. It is neither logical nor equitable for the KPSC to disregard the Government’s directives in this regard. When the Government identifies the need for additional employees and directs the KPSC to expand the rank list to accommodate these vacancies, the KPSC’s refusal amounts to an overreach of its role,” the Bench remarked.

“The principle of equity demands that the appellants’ grievances be addressed in a manner that balances individual rights with administrative exigencies. Denying them the opportunity to be considered for the additional vacancies under the 2014 notification would amount to a grave injustice,” it observed.

Consequently, the Court held, “The impugned judgment of the High Court is set aside, and the KPSC is directed to expand the rank list under the 2014 notification to include the additional vacancies identified by the State Government.”

Accordingly, the Supreme Court allowed the Appeal.

Cause Title: Ajith G. Das & Ors. v. The State Of Kerala & Ors. (Neutral Citation: 2024 INSC 1037)

Appearance:

Appellants: Senior Advocate Nikhil Goel; Advocates Haris Beeran, Azhar Assees and Anand B. Menon; AOR Radha Shyam Jena

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