'Driven by ego': SC slams PSC, upholds Kerala govt’s authority over rank list expansion

New Delhi: The Supreme Court has dismissed the Kerala Public Service Commission's (PSC) plea to withdraw a decision to expand the rank list for Junior Health Inspector Grade 2 appointments, ruling that the request was an overreach of PSC’s authority. The bench, led by Justice Vikram Nath, pointed out that the PSC's move to challenge the order was driven by ego, emphasising that the commission’s autonomy is confined only to selecting candidates.  

The dispute arose after the state government directed the PSC to expand the rank list for the recruitment of Junior Health Inspectors in municipal services across various districts. The PSC had initially rejected this instruction, leading to the filing of a petition against the PSC's decision. The Supreme Court's order criticised the PSC’s action, clarifying that the power to determine vacancies and set criteria for recruitment lies with the state government. The PSC’s role, the court reiterated, is limited to conducting the recruitment process and preparing the rank list according to the government-established criteria.

Despite the Supreme Court’s earlier ruling, the PSC approached the court, arguing that they were not given the opportunity to present their case. Senior advocates V. Chitambaresh and Vipin Nair, representing the PSC, argued that the previous order should be reconsidered, claiming that the facts presented by them warranted a change in the ruling.

However, the Supreme Court upheld its stance, reaffirming that the PSC’s autonomy is restricted to the selection of candidates and that decisions on the number of vacancies and the expansion of the rank list fall under the domain of the state government. The Court also pointed out that the state government, as the employer, holds the responsibility for financial commitments related to employment, including determining the number of employees required. Any overstep by the PSC into the state government’s domain was deemed improper.

The PSC had argued that the previous order was issued without properly considering their position, but the Court clarified that the expansion of the rank list and decisions about vacancies lie within the authority of the state government.

The case revolves around the Junior Health Inspector Grade 2 recruitment process, for which a notification was issued in 2014. The recruitment process was delayed over several years, with the final rank list being published in 2020. By this time, numerous new vacancies had been reported, giving the government the authority to direct the expansion of the rank list. The Court concluded that the government’s direction to expand the rank list was legitimate and binding on all those included in it.

The case continues to highlight the delicate balance of powers between recruitment bodies and the state government, with the Supreme Court reaffirming the government's primacy in administrative and financial matters related to recruitment.