In Brief

The Supreme Court allowed the Director's appeals against High Court orders that had upheld a Kerala Administrative Tribunal's directive to report 28 vacancies in Medical Officer positions. The Court held that candidates in a ranked list have a right only to be advised of vacancies actually arising and reported—not withheld vacancies. The government's detailed tabular chart showed all 163 vacancies were reported and 158 candidates appointed. Promotions did not create cadre vacancies due to surplus strength. The High Court erred in dismissing the petition on delay without examining merits, particularly given recruitment's public significance. The tribunal should not have inquired further once the government confirmed all reportable vacancies had been reported. Appeals allowed, orders of the High Court and KAT set aside.

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