JUDGMENT : Alexander Thomas, J. The instant Original Petition is directed against the impugned verdict rendered on 14.1.2020 in O.A.(Ekm) No. 2826/2016 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram Bench. The petitioner herein (The District Officer, Kerala Public Service Commission) is the 2nd respondent in the O.A. and R-1 herein is the sole applicant in the O.A. Respondents 2 & 3 herein are the Deputy Director of Education concerned and the State of Kerala, respectively. 2. Heard Sri. P.C. Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (PSC), appearing for the petitioner, Sri. S.P. Aravindakshan Pillai, learned counsel appearing for R-1 herein/original applicant and Sri. B. Unnikrishna Kaimal, learned Senior Government Pleader, appearing for R-2 & R-3. 3. The prayers in the instant Ext.P-1 Original Application, O.A.No.2826/2016, filed by R-1 herein, before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, are as follows : “(a) To direct the 1st respondent to report 1 vacancy of Part-Time Language Teacher (Arabic) to the 2nd respondent on or before 31-12-2016. (b) To direct the 2nd respondent to advice the applicant in the above said vacancy and to direct the 1st respondent to appoint the applicant as Part-Time Language Teacher (Arabic). (c) Pass such other order or direction which this Hon'ble Tribunal may deem fit and proper to grant in the circumstances of the case.” 4. The Tribunal, after hearing both sides, has rendered the impugned Ext.P-6 final verdict on 14.01.2020, disposing of O.A.No.2826/2016, with a direction that, R-1 in the O.A. (Deputy Director of Education) will report one vacancy in the post of Part-Time Junior Language Teacher (Arabic) in Pathananamthitta District, specifying the date of occurrence of the said vacancy on a date prior to the expiry of Anx.A-1 rank list and the PSC will advice the applicant as against the said post, taking into account her inclusion in the said rank list as Rank No.1 and thereafter, R-1 (the appointing authority) will issue appointment order to the original applicant. Further that, if there is no vacancy to accommodate the original applicant, then the appointing authority will be at liberty to discharge the original applicant from service, in accordance with law, on the same day as she joins duty. It is this verdict of the Tribunal at Ext.P-6 that is under challenge at the instance of the Kerala Public Service Commission. 5. It is this verdict of the Tribunal at Ext.P-6 that is under challenge at the instance of the Kerala Public Service Commission. 5. The core facts of the case are as follows: The original applicant has participated in the selection process notified by the Kerala Public Service Commission for selection and appointment to the post of Part-Time Junior Language Teacher(Arabic) in Pathanamthitta District, to which she had responded and she has come out successful in the selection process and has been included as Rank No.1 in Anx.A-1 rank list dated 6.11.2013 and that, the said rank list had expired on 5.11.2017, after extension. It is common ground of all the parties that, not even a single candidate was advised from Anx.A-1 rank list, since the appointing authority had not reported a single vacancy to the PSC during the said period. Rule 13 of the Kerala Public Service Commission Rules of Procedure stipulates that, the ranked lists published by the Commission shall remain in force for a period of one year from the date on which it was brought into force, provided that the said list will continue to be in force till the publication of a new list, after the expiry of the minimum period of one year or till the expiry of three years, whichever is earlier. The fourth proviso to Rule 13 provides further that, a ranked list, from which no candidate has been advised during the period of one year from the date on which it was brought into force, shall be kept in force till the expiry of three years from the said date and in a case where no candidate is advised from the ranked list till the expiry of the said period of three years, the duration of the ranked list shall be extended, by the Commission, for a further period of one year or till at least one candidate is advised from the list, whichever is earlier. In the instant case, not even a single vacancy was reported by the appointing authority to the PSC during the entire currency period of the ranked list. The ranked list thus, secured extension, in terms of the fourth proviso, whereby the total life of the list was for 4 years and it is on this account that Anx.A-1 ranked list, which was finalised on 6.11.2013, got expired only on 5.11.2017. The ranked list thus, secured extension, in terms of the fourth proviso, whereby the total life of the list was for 4 years and it is on this account that Anx.A-1 ranked list, which was finalised on 6.11.2013, got expired only on 5.11.2017. It is common ground that the appointing authority has not reported any single vacancy at any point of time during the currency of the ranked list, with the result that not a single candidate could get advised and appointed, on account of his/her inclusion in Anx.A-1 ranked list. 6. The case of R-1 in the O.A (Deputy Director of Education/appointing authority), as discernible from Ext.P-4 reply statement dated 3.12.2019 filed by that party in the O.A., is that the total number of vacancies that had arisen during the currency of the previous rank list was 9, but that, by mistake, the appointing authority had reported the vacancy in relation to Government Lower Primary School (GLPS), Vettipuram, as 2 vacancies, when, in fact, there was only a single vacancy. So also, for GLPS, Kottangal, the appointing authority had reported 2 vacancies, when, in fact, there was only one vacancy. Thus, the appointing authority had reported 11 vacancies, when, in fact, there was only 9 existing vacancies during the currency of the previous list. Two of such vacancies, which were reported (which arose out of the said duplication), have been utilised for NCA (No Candidate Available) advices made from the said previous rank list, treating it as the mother ranked list, as no candidate could be selected in pursuance of a specific NCA selection notification, issued in that regard by the PSC. One such candidate appears to be Sri. Geo Wilfred and the other candidate was Sri. P. Haneef. As regards the said Sri. P. Haneef, the following facts are evident, from the admitted pleadings and materials on record: Anx.R-1(af) dated 29.6.2017 issued by the Deputy Director of Education (produced along with the aforesaid Ext.P-4 reply statement filed in the O.A.), would show that, due to the promotion of one incumbent in the post of Part-Time Junior Language Teacher (Arabic) in Pathanamthitta District, a vacancy had arisen in the said post. The said promotion vacancy, as referred to in Anx.R-1(af) dated 29.6.2017, was utilised by appointing the aforesaid Sri. P. Haneef, as per Anx.R-1(ag) appointment order dated 10.7.2017, issued by the Deputy Director of Education. The said promotion vacancy, as referred to in Anx.R-1(af) dated 29.6.2017, was utilised by appointing the aforesaid Sri. P. Haneef, as per Anx.R-1(ag) appointment order dated 10.7.2017, issued by the Deputy Director of Education. From the pleadings and materials on record, it appears that, though 4 NCA advices were made by the PSC from the previous rank list, treating it as the mother rank list, 2 such vacancies were not actually available, due to the abovesaid mistake in duplicating vacancies. So, 2 such candidates had to await inspite of the NCA advice and they could be accommodated, by giving appointment order, only subsequently and Sri. P. Haneef, who is the beneficiary of one such NCA advice from the previous rank list, could secure appointment order only as per Anx.R-1(ag) dated 10.7.2017. 7. These aspects of the matter are evident from the pleadings in Ext.P-4 reply statement filed in the O.A. (See pages 65 to 73 of the paperbook of this OP(KAT)). It may be profitable to refer to the contents of paras 3 to 5 of Ext.P-4 reply statement, filed by R-1, in the O.A. and the same reads as follows : “3. It is submitted that there arose eleven vacancies of Part Time Junior Language Arabic in the Pathanamthitta District during the period from 2008 to 2012. The vacancy details are shown below. Sl. No. Name of School Nature of Vacancy Date of report with file number 1. GLPS Mangaram Promotion A5/12613/2008 dtd.12.11.2008 2. GLPS Chittar Estate Protected Teacher working AS/7889/2009 dtd.09.07.2009 3. GLPS Chathanthara Protected Teachers working AS/7889/2009 dtd.09.07.2009 4. GHS Pathanamthitta Transfer AS/7889/2009 dtd.29.09.2009 5. GLPGS Pathanamthitta Retirement AS/7889/2009 dtd.29.09.2009 6. GLPS Peroorkulam Retirement AS/7889/2009 dtd.29.09.2009 7. GLPS Vettipuram Protected Teachers working AS/7889/2009 dtd.28.04.2010 8. GUPS Pandalam Promotion AS/7889/2009 dtd.19.03.2012 9. GLPGS Pathanamthitta Doubling of reporting the same AS/7889/2009 dtd.19.03.2012 10. GLPS Vettipuram Vacancy AS/7889/2009 dtd.27.04.2012 11. GLPS Kottangal Transfer AS/7889/2009 dtd.29.06.2012 4. The numger of total vacancies arose during the above period was only Nine. But by mistake the vacancies at GLPGS Pathanamthitta (GLPS Anappara) and GLPS Vettipuram were reported twice. 5. lt is submitted that PSC advised seven candidates during the period from 2008 to 2012 and gave NAC for remaining four vacancies and informed that suitable candidates were advised soon. The Advised seven candidates were joined duty as per this office order. But by mistake the vacancies at GLPGS Pathanamthitta (GLPS Anappara) and GLPS Vettipuram were reported twice. 5. lt is submitted that PSC advised seven candidates during the period from 2008 to 2012 and gave NAC for remaining four vacancies and informed that suitable candidates were advised soon. The Advised seven candidates were joined duty as per this office order. The District PSC advice and NAC details, this office appointment order details and present status of joining candidates are shown in the below table. Sl. No. Date of reporting vacancies to PSC with file No. No. of vacancies Date of Advice with file No. Appointment order details with name of School posted Present status of the joined Teachers Remarks 1. A5/12613/2008 dtd 12.11.2008 1 PTA II(3) 405/06 dtd. 20.11.2008 1. Abdul Kabeer E. A5/12613/2008 dtd 6.12.2008, GUPS Mangaram joined duty on 19.12.2008 Promoted as full time junior language Arabic Teacher 2. A5/7889/2009 dtd 09.07.2009 2 PTA II(3) 405/06 dtd. 17.07.2009 1. Muhammed Abdul Rahiman P.T. A5/11169/2009 dtd 12.08.2009, GLPS Chittar joined duty on 20.08.2009 Promoted as HST Arabic NAC issued for one vacancy Ezhava turn 3. A5/7889/2009 dtd 29.09.2009 3 PTA II(3) 405/06 dtd. 14.10.2009 1. Noushad K.P. A5/7889/2009 dtd 28.10.2009, GLPS Chtahanthara, joined duty on 06.11.2009. 2. Ramla V.P. A5/7889/2009 dtd 28.10.2009, GLPGS Pathanamthitta (GLPS Anappara) Joined duty on 07.11.2009 1. Promoted as HST Arabic 2. Promoted as full time junior language Arabic Teacher NAC issued for one vacancy SC turn candidate 4. A5/7889/2009 dtd 28.04.2010 1 PTA II(3) 405/06 dtd. 06.05.2010 1. A Iqbal A5/7889/2009 dtd 25.05.2010 GLPS Peroorkulam, joined duty on 01.06.2010. Promoted as full time junior language Arabic Teacher 5. A5/7889/2009 dtd 12.09.2011 1 NJD PTA II(3) 405/06 dtd. 19.1.2011 Vacancy as on 09.07.200 9 reserved for Ezhava turn 6. A5/7889/2009 dtd 19.03.2012 2 PTA II(3) 405/06 dtd.17.04.2012 1. Sabeena A., A5/7889/2009 dtd 21.05.2012, GLPGS Pathanamthitta (GLPS Anappara) joined duty on 05.06.2012 Promoted as full time junior language Arabic Teacher NAC issued for one vacancy LC Turn Candidate 7. A5/7889/2009 dtd 27.04.2012 1 NAC for OBC turn candidate 8. A5/7889/2009 dtd 29.06.2012 1 PTA II(3) 405/06 dtd. 04.07.2012 1. Shameema Hameed A5/7889/2009 dtd 16.07.2012, GLPS Kottangal joined duty on 19.07.2012 Promoted as full time junior language Arabic Teacher True copy of advice No. PTA 11(3) 405/06 dtd.20.11.2008 is produced V herewith and marked as Annexure R1(m). A5/7889/2009 dtd 27.04.2012 1 NAC for OBC turn candidate 8. A5/7889/2009 dtd 29.06.2012 1 PTA II(3) 405/06 dtd. 04.07.2012 1. Shameema Hameed A5/7889/2009 dtd 16.07.2012, GLPS Kottangal joined duty on 19.07.2012 Promoted as full time junior language Arabic Teacher True copy of advice No. PTA 11(3) 405/06 dtd.20.11.2008 is produced V herewith and marked as Annexure R1(m). True copy of Appointment Order No.A5/12613/2008 dated 06.12.2008 of Abdul Kabeer.E is produced herewith and marked as Annexure R1(n). True copy of advice No. PTA 11(3) 405/06 dtd.17.07.2009 is produced herewith and marked as Annexure R1(o). True copy of Appointment Order No.A5/17169/2009 dated 12.08.2009 of Muhammed Abdul Rahiman P.T. is produced herewith and marked as Annexure R1(p). True copy of advice No. PTA 11(3) 405/06 dtd.14.10.2009 of Noushad K.P. and Ramla V.P. is produced herewith and marked as Annexure R1(q). True copy of Appointment Order No. A5/7889/2009 dated 28.10.2009 of Noushad K.P. and Ramla V.P. is produced herewith and marked as Annexure R1(r). True copy of advice No. PTA 11(3) 405/06 dtd.06.05.2010 is produced herewith and marked as Annexure R1(s). True copy of Appointment Order No. A5/7889/2009 dated 25.05.2010 of A. Iqbal is produced herewith and marked as Annexure R1(t). True copy of advice No. PTA 11(3) 405/06 dtd.17.04.2012 is produced herewith and marked as Annexure R1(u). True copy of Appointment Order No. A5/7889/2009 dated 21.05.2012 of Sabeena.A is produced herewith and marked as Annexure R1(v). True copy of advice No. PTA 11(3) 405/06 dtd.04.07.2012 is produced herewith and marked as Annexure R1(w). True copy of Appointment Order No. A5/7889/2009 dated 16.07.2012 of Shemeema Hameed is produced herewith and marked as Annexure R1(x).” 8. These aspects are also quite discernible and evident from a reading of paras 9 & 10 of the averments in the present OP(KAT) filed by the PSC. Paras 9 & 10 of this OP(KAT), as given on pages 4 & 5 thereof, read as follows : “9. With reference to the earlier ranked list, it is submitted that the ranked list was brought into force on 31.12.2007 and cancelled on 1/7/2012 on expiry of the extended period of validity. 11 vacancies were reported during the currency of the ranked list. The Commission advised 7 candidates from the ranked list at the first instance during the currency of the ranked list and 4 turns are kept as NCA turns. 11 vacancies were reported during the currency of the ranked list. The Commission advised 7 candidates from the ranked list at the first instance during the currency of the ranked list and 4 turns are kept as NCA turns. The NCA turns so kept unfilled are MRI 2E, MRI 4 SC, MRI 8 LC/AI and MRI 10 OBC. It is submitted that though successive NCA notifications were issued in relation to MRI 2E and MRI 10 OBC, since no candidates were available, the above two vacancies were filled up by next available reservation candidates in the ranked list. With reference to LC/AI turn the NCA ranked list was published on 21/11/2016 and candidates advised on 13/12/2016. The SC turn is yet to be filled up and the selection process with reference to that NCA vacancy is in progress. 10. It is submitted that since no Ezhava candidates are available after successive notification to the NCA turn, one Sri. Subair K.H. was advised from the mother ranked list and to the NCA turn of OBC. Sri. Haneefa P., rank No.1 in the supplementary list of Muslim was advised, since there was no other community candidate is available.” 9. After hearing both sides, it is clearly evident that if the abovesaid mistake of duplication of 2 vacancies, referred to in paras 3 to 5 of Ext.P-4 reply statement, had not occurred, then the said 2 vacancies or at least one such vacancy would have been available for advise and appointment from the instant rank list, which came into force on 6.11.2013 and was in force till 5.11.2017. It is also clearly evident, from the admitted pleadings and materials on record, that the said vacancy, that was utilised for advising the aforesaid Sri. P. Haneef, has occurred on 29.6.2017, as evident from Anx.R-1(af) dated 29.6.2017. So, the said vacancy in the post of Part-Time Junior Language Teacher (Arabic) had arisen in Pathanamthitta district during the currency of the instant rank list. But, for the abovesaid mistake and legal wrong committed by the appointing authority, there would not have been any duplication of vacancies and NCA advices would not have been made in favour of the aforesaid 2 candidates, in which case, two such vacancies or at least the vacancy covered by Anx.R-1(af) dated 29.6.2017, would have been available for advise and appointment from the instant Anx.A-1 rank list dated 6.11.2013. But, for the said illegality committed by the appointing authority, the original applicant, who is Rank No.1 in Anx.A-1 rank list, would have secured advise and consequently, appointment in the abovesaid post in question. 10. In the light of these aspects, we are fully in agreement with the conclusions made by the Tribunal in the instant case. In the instant case, the applicant has suffered illegality inasmuch as if the abovesaid legal wrong had not been committed by the appointing authority, then the vacancy covered by Anx.R-1(af) would have been available for advise and appointment from Anx.A-1 rank list. Hence, we are of the view that the Tribunal was fully right in exercising its equitable direction, to ensure that the abovesaid illegality is remedied and justice is accorded to the applicant. We are of the firm view that the instant case is a fit case for exercising equity jurisdiction to remedy the legal wrong suffered by the applicant. 11. What remains is the issue as to whether there was any necessity for the Tribunal to direct the PSC to advise the candidate. In view of the abovesaid illegality committed by the appointing authority, vacancy was not actually available for advise and appointment of the original applicant. Therefore, we are of the view that the interest of justice could be advanced and the rights and interests of all the parties could be protected by ordering that, the appointing authority should appoint the original applicant and for that purpose, there is no necessity to direct the PSC to advise the original applicant. In that view of the matter, the specific direction issued by the Tribunal, in para 9 of Ext.P-6 of the Tribunal in this case, that the appointing authority should report a vacancy to accommodate the applicant and the PSC authority should advise the candidate to such vacancy, stands vacated. There was no necessity for the Tribunal to issue such directions, which are only formalities, which were not necessary. 12. In that view of the matter, it is ordered that the 2nd respondent-Deputy Director of Education, Pathanamthitta, will immediately issue orders appointing the original applicant to the post of Part-Time Junior Language Teacher (Arabic) in Pathananamthitta District, within one month from the date of receipt of a copy of this judgment. 13. Sri. 12. In that view of the matter, it is ordered that the 2nd respondent-Deputy Director of Education, Pathanamthitta, will immediately issue orders appointing the original applicant to the post of Part-Time Junior Language Teacher (Arabic) in Pathananamthitta District, within one month from the date of receipt of a copy of this judgment. 13. Sri. B. Unnikrishna Kaimal, learned Senior Government Pleader, appearing for the 2nd respondent-Deputy Director of Education, Pathanamthitta, would submit, on the basis of instructions, that, as of now, there is no actual vacancy in existence to accommodate the original applicant in the abovesaid post. 14. If that be so, as ordered by the Tribunal, it is made clear that in case there is no actual vacancy in existence to accommodate the original applicant, then, after issuing the appointment order, the appointing authority will be at liberty to discharge the original applicant from service, citing the reason of lack of vacancy, immediately after the issuance of the appointment order, as envisaged in Rule 7 of Part-II of the Kerala State & Subordinate Services Rules. Consequently, it is also ordered that in such a scenario, immediately after the arising of the next vacancy, irrespective as to the quota to which the said vacancy would arise, should be utilised for re-appointing the original applicant to the abovesaid post in question, as envisaged in the aforesaid Rule 7. 15. Sri. S.P. Aravindakshan Pillai, learned counsel appearing for the original applicant, submitted that this Court may also issue directions in the matter of seniority of the original applicant, by directing that the applicant's seniority should be at par with the date of effective advise of Sri. P. Haneef, who was appointed as Anx.R-1(ag) dated 10.7.2017. 16. We note that such a direction has not been granted by the Tribunal in Ext.P-6 verdict. It is made clear that the original applicant will be at liberty to file appropriate representation before the competent authority concerned, seeking such reliefs, in which case, the said authority will have to consider such representation, in accordance with law. The said issue is left open to be raised and decided in appropriate proceedings, in the manner known to law. 17. Accordingly, the impugned orders and directions of the Tribunal, at Ext.P-6, will stand modified to the limited extent, as above. With these observations and directions, the above Original Petition will stand disposed of.