ANEESH KUMAR V.S. AND OTHERS Vs. STATE OF KERALA
LAWS(SC)-2020-4-58
SUPREME COURT OF INDIA
Decided on April 24,2020

Aneesh Kumar V.S. And Others Appellant
VERSUS
STATE OF KERALA Respondents





Cited Judgements :-

SUO MOTU VS. STATE OF BIHAR [LAWS(PAT)-2021-8-4] [REFERRED TO]


JUDGEMENT

A.M.KHANWILKAR,J. - (1.)Leave granted.
(2.)This batch of appeals, by special leave, are against the final judgment and order dated 21.2.2019 passed by the Full Bench of the High Court of Kerala at Ernakulam (for short, "the High Court") in O.P. (KAT) Nos. 256/2017, 330/2017 and 408/2017 pursuant to a Reference Order by the Division Bench, bearing the same case numbers, passed on 16.11.2018.
(3.)In a nutshell, the appellants have preferred these appeals to be advised (or appointed) against 93 Non-Joining Duty (for short, "NJD") vacancies reported to the Kerala Public Service Commission (for short, "the KPSC") on 12.7.2016 relating to the post of Sub Inspector of Police (Trainee). Respondents declined that demand on the ground that the Ranked List dated 11.9.2013 [for short "first Ranked List (RL-I)"] (wherein the appellant(s) have been empanelled), had expired before the stated vacancies came to be reported. This Court vide order dated 24.9.2019, called upon the respondents to explore the possibility of issuing advice for 31 left out candidates (appellants and similarly placed persons) against the 34 NJD vacancies still available. However, vide notification dated 18.11.2019, the State of Kerala (respondent No. 1) declined to do so due to administrative and legal reasons, cementing their stand that the first Ranked List (RL-I) had already expired before the vacancies were reported.
Factual Background

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