In Brief
A state's Department of Indian System of Medicine was ordered by the Kerala Administrative Tribunal to report 28 unreported vacancies for Medical Officer positions. The High Court dismissed the Department's challenge on grounds of delay and finality. The Supreme Court allowed the Department's appeal, holding that the Department had provided documentary evidence (tabular chart, affidavit) showing all reportable vacancies (163 total) had been reported, with 158 candidates advised and only 5 vacancies unfilled for persons with disabilities. The Court held candidates have no right to unreported vacancies, and the Tribunal misdirected itself by speculating whether promotions created vacancies when the cadre had excess strength. The High Court erred in dismissing on technical grounds without examining the merits of this recruitment matter.
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