Hon'ble Judges/Coram:
Arun Mishra and Navin Sinha

JUDGMENT

Navin Sinha, J.

1. Delay condoned.

2. Leave granted. I.A. No. 137467 of 2018, application for impleadment, is allowed.

3. The Appellant is aggrieved by the direction to make appointments against 97 vacancies on the post of Blacksmith Grade II. The sanctioned cadre strength of the post was 800, of which 395 vacancies were already filled by substantive appointments. The Appellant made a requisition for 405 vacancies to the Kerala Public Service Commission (hereinafter referred to as 'the Commission'), which forwarded a recommendation with regard to 351 vacancies initially, and later for another six posts followed by twenty-three more against non-joining vacancies. The facts, for the purpose of convenience, shall be taken primarily from Civil Appeal arising out of SLP(C) Diary No. 21878 of 2018. Respondent Nos. 1 and 2, being applicants, were empaneled at serial Nos. 284 and 294 respectively in the rank list. Appointments were made till rank No. 278 only. The rank list has expired on 21.10.2017. The Respondents did not allege discrimination or arbitrariness by violation of the rank list in making appointments. The High Court opined that the Appellant was obliged to make appointments against requisitioned vacancies including those that may have arisen subsequently, but during the life of the rank list.

4. The short question arising for consideration in these appeals is whether mere empanelment can justify a mandamus to make appointments because vacancies may exist. Additionally, whether mandamus can be issued to make appointments from the panel on vacancies which may have arisen subsequently due to superannuation etc. during the life of the rank list. The question assumes significance in view of the stand of the Appellant that it did not wish to make any further appointments due to a financial crunch and a skewed bus to passenger ratio, and for which purpose it had also appointed a committee to recommend remedial measures.

5. We have heard the counsel for the parties and opine that the order of the High Court is unsustainable. The cadre strength has rightly been held not to be a relevant consideration. The High Court has erred in issuance of mandamus to fill up a total of 97 vacancies, including those arising subsequently but during the life of the rank list. Vacancies which may have arisen subsequently could not be clubbed with........