Court Affirms That Notices Cannot Be Served Through PSC Website, Dismissing Petitioners' Application
In a significant ruling, the Kerala High Court has dismissed an original petition filed by Henna P.K. and others, challenging a Kerala Administrative Tribunal order regarding the service of notices in a dispute over the ranked list for Agricultural Assistant (Grade II) positions. The bench, comprising Justices Anil K. Narendran and Muralee Krishna S., upheld the Tribunal’s decision to disallow the service of notices through the Kerala Public Service Commission’s (KPSC) website or by inserting hyperlinks in candidates’ profiles.
The petitioners, included in the ranked list for the Agricultural Assistant position, sought to set aside a KPSC notification and recast the ranked list to exclude candidates without the prescribed qualifications. They filed a miscellaneous application seeking permission to serve notices to candidates through alternative digital means, citing impracticality in serving notices to all respondents personally.
The Tribunal had earlier ruled that notices could not be served via the PSC website or through digital profiles, as it did not align with the prescribed methods under the Kerala Administrative Tribunal (Procedure) Rules, 2010. The Tribunal emphasized that service must be in accordance with Rule 10, which specifies methods such as hand delivery and registered post, and does not permit service through electronic means like website publication or hyperlinks.
In their petition to the High Court, the applicants argued that the Tribunal should have allowed digital service under the supervisory jurisdiction of Article 227 of the Constitution of India. However, the High Court agreed with the Tribunal's reasoning, stating that the existing rules do not allow for such a method of service and that setting such a precedent could affect future cases.
The High Court also referred to Rule 4B of the Kerala Administrative Tribunal (Procedure) Rules, noting that all directly affected parties must be impleaded in the application, either personally or through public advertisement, and that the Tribunal had appropriately directed service of notice through traditional means.
The petitioners’ appeal to serve notices digitally was seen as an attempt to expedite the process before the expiry of the ranked list in September 2026. However, the Court maintained that the procedural integrity must be upheld, affirming the Tribunal’s decision to dismiss the miscellaneous application due to lack of merit.
The ruling reaffirms the adherence to procedural rules in administrative disputes and underscores the limitations on digital service of notices, setting a precedent for future cases involving ranked lists and service of notices.
Bottom line:-
Kerala Administrative Tribunal (Procedure) Rules, 2010 - Tribunal cannot effect service of notices and processes to respondents included in ranked lists by directing publication in the Public Service Commission's website or inserting hyperlinks in individual profiles.
Statutory provision(s):
- Kerala Administrative Tribunal (Procedure) Rules, 2010, Rule 10
- Kerala Administrative Tribunal (Procedure) Rules, 2010, Rule 4B
- Article 227 of the Constitution of India
Henna P.K. v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2937110
