The Kerala High Court recently affirmed that appointing authorities are not obligated to fill existing vacancies if they have reasonable and genuine grounds for such a decision. This ruling underscores the discretion of public authorities in recruitment processes, provided their actions align with constitutional principles, particularly the guarantees of equality under Articles 14 and 16 of the Constitution.

In the case of Bindu B. Kumar & Anr. v. Guruvayur Devaswom & Ors., the Court emphasized that recruitment notifications should pertain only to existing and anticipated vacancies—those reasonably expected to arise due to promotions, resignations, or deaths. Authorities cannot account for future vacancies in a different recruitment year. Appointments beyond the advertised number of posts are generally impermissible unless justified by rare and emergent situations supported by a clear policy decision.

Furthermore, the Court highlighted that while the Kerala Public Service Commission (KPSC) can fill vacancies arising during the currency of a ranked list, the determination of the number of vacancies and requisition for employees remains the prerogative of the State Government.

This decision reinforces the principle that recruitment processes must adhere to constitutional mandates, ensuring fairness and transparency, while also recognizing the practical considerations and discretion afforded to appointing authorities.

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