Case: ANEESH KUMAR V. S.&amp; ORS Vs. THE STATE OF KERALA &amp; ORS

4. Pursuant to a gazette notification issued on 28.9.2007, applications were invited for appointment to the abovementioned posts, allocated into three different categories (namely, Category 315/2007 for open quota, Category 316/2007 for ministerial quota and Category 317/2007 for constabulary quota). The KPSC having received large number (around 42,000) of applications than anticipated, decided to conduct a preliminary objective test. That test was carried out to prune the list of eligible candidates, for which 49 marks were specified as cut-off marks. On the basis of that test, a list was prepared. However, the KPSC then realised that the said list did not have enough candidates from reserved categories and thus, it decided to reduce the cut-off marks for reserved categories upto 32 marks; and to draw up a fresh list to include all qualified candidates. After completing the selection process as mentioned in the notification, on 11.09.2013 the KPSC published the first Ranked List (RL-I). On 4.11.2013, the KPSC issued advice on the basis of the first Ranked List (RL-I) against 9 fresh vacancies (for short, first advice) which included the vacancies occurred from the date of the notification till 17.10.20135. The aggrieved candidates approached the Kerala Administrative Tribunal (for short, the Tribunal), by way of O.A. 2395 of 2013 and other such applications against the decision of the KPSC to have a unified/consolidated ranked list and for not having two lists; a main and a supplementary list (which would include candidates from reserved category). They prayed for interim relief(s), which read thus: -This Honble Tribunal may be pleased to direct the 3 rd respondent not to advice any candidates who secured less than 49 marks in the preliminary examination, from Annexure A6 rank list against the vacancies available for open competition candidates, pending disposal of the Original ApplicationWhile admitting the O.A. on 5.12.2013 [after 85 days from the publication of the first Ranked List (RL-I)], the Tribunal granted interim relief as prayed and observed thus: -… … … if any candidate who secured less than 49 marks in the preliminary examination has been advised against open competition turn, his advice and appointment shall be subject to further orders in this Original Application and such candidates shall be alerted about this order by the third respondent … … …The KPSC, during the pendency of proceedings issued another advice in respect of empanelled candidates in the first Ranked List (RL-I) who had secured more than 49 marks against a total of 12 vacancies on the basis of the first Ranked List (RL-I) on 20.1.2014 (for short, second advice)6. On 20.2.2014, the Tribunal allowed the O.A. by directing the KPSC to re-cast the first Ranked List (RL-I) by bifurcating it into main list and the supplementary list. It held thus: -28. In the result, the applicants are entitled to succeed. Accordingly, the PSC is ordered to recast Annexure A6 rank list with main list and supplementary lists. The candidates who secured 49 and above marks in the objective type examination alone shall be included in the main list of Annexure A6. Those candidates who participated in the further selection process after the objective type examination, but without obtaining 49 marks in that examination shall be included in the supplementary lists for the respective communities. Even if any candidates included in the supplementary lists obtained more marks than the candidates included in the main list, they are not eligible for inclusion in the main list. The advice and appointment, if any, from Annexure A6 of candidates who secured less than 49 marks in the objective type examination being dependent proceedings will naturally collapse and fall to ground. The advice of such candidates shall be reviewed and recalled by the PSC and appointments, if any, made of them or the orders sending them for training are null and void and they have no legal efficacy. It is so declared. The State Police Chief shall recall them. The PSC shall publish a revised rank list in the place of Annexure A6 within one month from the date of receipt of a copy of this order. The advices made of ineligible persons, in the light of the revised rank list, shall be reviewed and cancelled within one month thereafter. The advice and appointment of candidates and their sending for training, etc. who are otherwise eligible will not be affected by this order. That means, they can go for training. Only the candidates who got less than 49 marks in the objective type examination and are sent for training before their turn arose, as per the revised rank list shall be recalled.The order of the Tribunal was assailed before the High Court by way of writ petitions (O.P. (KAT) Nos. 108/2014, 110/2014, 112/2014 and 114/2014). While admitting the said petitions on 12.3.2014, the High Court issued an order whereby it restrained the KPSC to advise any further candidate who had secured less than 49 marks in the objective test. Vide judgment dated 8.8.2014, the High Court eventually dismissed the petitions and upheld the Order passed by the Tribunal. Two appeals to this Court by special leave were then preferred by the aggrieved candidates against the decision of the High Court, bearing S.L.P. (C) Nos. 28428/2014 and 28743/2014, wherein on 3.11.2014 [418 days after the publishing of the first Ranked List (RL-I)], this Court issued notice and ordered thus: -Issue notice. Dasti, in addition, is permittedStatus quo, as on today, shall be maintained in the meantimeOn 13.10.2015, the civil appeals were finally allowed and the judgments of the Tribunal and the High Court were set aside; and the consolidated first Ranked List (RL-I) dated 11.9.2013 came to be upheld. Pursuant to the disposal of the civil appeals by this Court, the KPSC on 11.11.2015 made a third and final advice (for short, third advice) from the first Ranked List (RL-I), which included vacancies occurred from 31.01.2014 till 31.01.20157. However, during pendency of Civil Appeals (C.A. Nos. 8356/2015 and 8537/2015 @ SLP(C) Nos. 28428/2014 and 28743/2014), the KPSC had released a new list on 26.5.2015 [for short, second Ranked List (RL-II)] and thereby the first Ranked List (RL-I) was treated as ceased to exist on 25.5.20158. Be that as it may, on 14.3.2019 the KPSC notified a subsequent list [for short, third Ranked List (RL-III)] for the said9. It may be apposite to also refer to other parallel litigation(s) concerning the first Ranked List (RL-I), which may have bearing on the outcome of these Civil Appeals; First, candidates from the first Ranked List (RL-I) had approached the Tribunal vide O.A. No. 440/2014 against the KPSC, seeking reporting of vacancies. The same came to be dismissed by the Tribunal vide order dated 21.3.2014. However, the High Court (in O.P. (KAT) 200 of 2014) vide order dated 26.8.2014, directed Respondent No. 2 herein (the State Police Chief, Headquarters) to report 50% of 274 (i.e., 137) vacancies, to be filled by direct recruitment, so that the KPSC can advise the candidates in an expeditious manner. Failure on the part of the authority to report about the stated vacancies, gave rise to Contempt Case (C) 562 of 2015. However, after the status quo order passed by this Court (dated 3.11.2014) was brought to the notice of the High Court, the contempt case came to be dismissed; and the special leave petitions (S.L.P. (C) Nos. 2023-24 of 2016) preferred against that order were also dismissed by this Court; Second, some candidates empanelled in the first Ranked List (RL-I) had approached the Tribunal (in O.A. 2383 of 2014) for reporting of existing vacancies, as the first Ranked List (RL-I) was to expire soon. Vide order dated 13.7.2015, the Tribunal directed that a total of 118 vacancies be reported to the KPSC and the KPSC to issue advice qua the reported vacancies forthwith10. Due to publication of the second Ranked List (RL-II), applications (O.As.) were preferred before the Tribunal by aggrieved candidates including the appellants, seeking direction for reporting of vacancies and issuance of advice on the basis of the first Ranked List (RL-I) (till that list ceases to exist) and to declare that the first Ranked List (RL-I) was valid and had not expired and would remain in force till the expiry of one month from the date on which the last batch of candidates is advised from that list (in accordance with the first proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, 1976 – for short, the 1976 Rules). The Tribunal while admitting the O.As. (O.A. No. 306 of 2016 and connected O.As.), vide order dated 5.4.2016, directed provisional reporting of 285 vacancies before 11.4.2016 and that no advice be made against those provisional reported vacancies. On 14.7.2017, after analysing the 1976 Rules, the Tribunal dismissed the applications by observing thus: -Accordingly, we hold as follows:(a) The ranked list dated 11.9.2013 has expired on 26.5.2015 due to cancellation by the Public Service Commission(b) The sanctioned strength being 2024, for direct recruitment 50% of the same (1012) will have to be reckoned(c) There are no other excess vacancies to be reported for filling up the 50% quota except 93 NJD vacancies reported on 12.7.201611. The appellants, therefore, preferred writ petitions before the High Court seeking direction to report 362 vacancies, to advice 93 NJD vacancies on the basis of the first Ranked List (RL-I) and to declare the decision of the KPSC of cancelling the first Ranked List (RL-I) as illegal, amongst other reliefs. On 16.11.2018, the Division Bench of the High Court passed a Reference Order, thereby referred the matter to Full Bench, having noticed the decision of a Co-ordinate Bench, which in its opinion was debatable. However, the Division Bench also made certain observations. It observed that the first Ranked List (RL-I) was in operation only for 85 days (till 5.12.2013 - due to an interim order passed by the Tribunal) and that there remained a total period of 280 days for completion of the duration of the first Ranked List (RL-I) after 13.10.2015 in accordance with the respective Rules. Thus, it held that the first Ranked List (RL-I) expired only on 19.7.2016. The Division Bench then proceeded to observe that there cannot be an automatic cancellation of the first Ranked List (RL-I), thereby it must remain in force for a minimum period of one year (till 19.7.2016). It concluded by observing that the 93 NJD vacancies reported on 12.7.2016, should be filled up by the candidates empanelled in the first Ranked List (RL-I). The Division Bench, however, noticed the dictum in Kerala Public Service Commission vs. Dr. Kesavankutty Nair & Ors. ILR 1977 (2) Kerala 687 wherein the maxim actus curiae neminem gravabit was not held to be applicable to decide the life of a Ranked List. The Division Bench observed thus: -10. But we are confronted with the decision in Kerala Public Service Commission v. Dr. Kesavankutty Nair [1977] KLT 818 (DB)] cited by the contesting respondents which may have a bearing on this batch of cases. It has been held therein that the maxim – actus curiae neminem gravabit – cannot be made applicable to decide the life of a ranked list published by the PSC. The reason stated is that inclusion of the name of a candidate in a ranked list does not confer him any right to claim appointment relying on Rule 3(b) of the Kerala State & Subordinate Services Rules. Firstly, we fail to understand the relevancy of Rule 3(b) of the KS & SSR in the applicability of the maxim afore-quoted which can be called in aid by any one prejudiced by an act of Court. Secondly, the decision in Dr. Kesavankutty Nairs case (supra) concerned a ranked list published on 27.2.1973 much before the Rules came into force on 16.8.1976. The Division Bench obviously did not have the opportunity to consider the purport and import of the words shall remain in force for a period of one year in Rule 13 of the Rules. We doubt the correctness of the decision in Dr. Kesavankutty Nairs case (supra) and judicial propriety compels us to refer this batch of cases to a Full Bench therefore2. The Full Bench vide impugned judgment dated 21.2.2019 (Unnikrishnan Nair G.S. and Anr. vs. State of Kerala and Ors. 2019 (2) KLJ 152) , analysed Rules 13 and 14 of the 1976 Rules and held that Rule 14 mandates the KPSC to advise candidates from a Ranked List in force in respect of all the vacancies reported and pending before them, as also in respect of vacancies which may be reported to them during the period the said Ranked List is still in force, and such candidates would get guaranteed entitlement for being considered against the reported vacancies. However, after going through the various orders passed and taking into account the efficacy of the first proviso to Rule 13, the Full Bench held that the first Ranked List (RL-I) expired on 1.6.2016. For, admittedly, the last batch in reference to the first Ranked List (RL-I) was advised by KPSC on 11.11.2015; and their training had begun on 1.5.2016. The Full Bench then adverted to the settled legal position regarding the maxim of actus curiae neminem gravabit, which means the act of the Court shall prejudice no one. It observed that no prejudice had been caused to any of the appellants in these cases. Further, even if there was to be no litigation(s) and even if there were to be no interim order(s) issued, the empanelled candidates would get advisement only against the vacancies reported during the life of the Ranked List. However, in this case, the first Ranked List (RL-I) had already expired on 1.6.2016, before the 93 NJD vacancies were reported to the KPSC on 12.7.2016. Lastly, the Full bench adverted to Dr. Kesavankutty Nair (supra) and noted that the principle enunciated therein (that candidates included do not gain an indefeasible right to be appointed) is restated in judgments of this court including (in S.S. Balu & Anr. vs. State of Kerala & Ors. (2009) 2 SCC 479     and Shankarsan Dash vs. Union of India (1991) 3 SCC 47  ) and thus it needed no further discussion. In conclusion, the Full Bench observed thus:-88. To sum up:(a) Normally, it is only in two specific contingencies can the expiry of a rank list obtain postponement; namely, if a court interdicts the appointing authorities from reporting vacancies to the Public Service Commission during its life time; or, if a court prohibits the Public Service Commission from making advice from the rank list within the period of one year or such other periods as may be statutorily prescribed, after it is brought into force(b) Therefore, in the case at hand, going by the first proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure, the Rank List dated 11.09.2013 will expire on completion of one month after the training of the last batch advised from it commenced(c) Since the date of commencement of training of the last batch was concededly on 01.05.2016, axiomatically, the Rank List dated 11.09.2013 would expire on 01.06.2016(d) Consequently, the 93 Non Joining Duty vacancies admittedly reported on 12.07.2016 cannot go to the credit of the candidates included in the Rank List dated 11.09.2013(e) The principles of actus curiae neminem gravabit are not attracted in these cases, since the petitioners and other candidates in the Rank List dated 11.09.2013 have obtained all the vacancies that would have been entitled to them even if there were no litigations or interim orders(f) The views and conclusions in Kerala Public Service Commission v. Dr. Kesavankutty Nair (1977 KLT 818), that a candidate in a rank list does not get an indefeasible right to be appointed, is certainly good law and such position does not change even after the coming into force of the PSC Procedure Rules because these Rules only offer the candidates, included in a rank list, a statutory right to be considered against the vacancies available and reported during the life time of such list, but not to be appointedThat brings us to the question if these original petitions need to be placed before the Division Bench for final resolution or whether we would be justified in issuing judgmentSince the relief prayed for in these original petitions, except O.P. (KAT) no. 362/2017, are exclusively for appointment from the Rank List brought into force on 11.09.2013, to the 93 NJD vacancies reported on 12.07.2016 and since our answer to this claim is to the negative, we are of the view that nothing else survives in these original petitions and resultantly, invoking powers under Section 7 of the Kerala High Court Act, we dismiss those Original Petitions

Reasoning: Ordinarily, the Full Bench is expected to decide only those issues which are referred to it by the Division Bench and must eschew from examining merits of the case as such. We are fortified in so observing in light of the dictum of this Court in T.A. Hameed vs. M. Viswanathan (2008) 3 SCC 243 .   At the same time, we are also guided by the dictum of this Court in State of Punjab vs. Salil Sabhlok & Ors. (2013) 5 SCC 1.   In that case, the Full Bench of the High Court while deciding the Reference, adjudicated other mattersOn a plain reading of this provision, it is amply clear that the Full Bench is competent to finally decide the case itself. It is an enabling provision. Nevertheless, we may first advert to the nature of Reference made by the Division Bench in the present case vide order dated 16.11.2018. The Division Bench in its Reference Order, had articulated the question posed by the appellants herein as to whether the candidates from the first Ranked List (RL-I) or from the second Ranked List (RL-II) have to be advised for the 93 (NJD) vacancies reported to the KPSC on 12.7.2016. From paragraph 5 onwards of the Reference Order, the Division Bench adverted to the relevant facts and noted that the candidates in the first Ranked List (RL-I) have to be advised for appointment to fill up the 93 NJD vacancies reported on 12.7.2016On perusal of the Reference Order, it appears that the Division Bench analysed the factual matrix of the case to opine that the candidates empanelled in the first Ranked List (RL-I) have to be advised for appointment to fill up the 93 NJD vacancies reported on 12.7.2016. However, it stopped short of issuing direction to the respondents on account of the exposition in Dr. Kesavankutty Nair (supra) and the purport of the governing rules. Further, the Reference Order had not formulated any specific question to be answered by the Full Bench, but an omnibus direction issued to the Registry to place the papers before the Honble Chief Justice for constitution of the Full Bench and an early resolution of the dispute . Such an omnibus reference would include exercise of jurisdiction by the Full Bench under Section 7 of the High Court Act, to finally decide the case itself. Ostensibly, it may appear as if Full Bench was sitting over in appeal on the findings of fact already recorded by the Division Bench. However, we find from the impugned judgment of the Full Bench that it was fully conscious about the limited scope of enquiry in Reference placed before it, but after due consideration of all aspects, deemed it necessary to analyse the factual matrix of the case in its correct perspective to justly answer the Reference. In the process, the Full Bench had to deviate from the observation made by the Division Bench that the candidates empanelled in the first Ranked List (RL-I) ought to be advised for appointment to fill up the 93 NJD vacancies reported on 12.7.2016, as, in its view, in law, the first Ranked List (RL-I) had expired on 1.6.2016. In other words, the Full Bench was fully conscious of the scope of its jurisdiction, as is evinced from the opening statement, in paragraph four of the impugned judgment. After recording the factual matrix and rival submissions, in paragraph 47 of the impugned judgment, the Full Bench noted that it was proceeding to answer the legal contentions within the parameters of the applicable law and after adverting to Rules 13 and 14 of the 1976 Rules, it analysed the factual matrix to conclude that since the last batch was advised by the KPSC from the first Ranked List (RL-I) on 11.11.2015 and it had joined training on 1.5.2016 in terms of first proviso to Rule 13, the first Ranked List (RL-I) ceased to operate from 1.6.2016 (namely, on completion of one month from 1.5.2016)23. Thus understood, in the peculiar facts of this case, the Full Bench had no other option but to analyse the factual matrix for ascertaining the applicability of extant rules and to answer the matters in issue involved in Reference appropriately. Suffice it to observe that the impugned judgment cannot be overturned on the basis of threshold (technical) plea under consideration. We are inclined to say so also because this is the second round of proceedings emanating from the selection process which had commenced with issuance of notification as back as 28.9.2007, for appointment to the post of Sub-Inspector of Police (Trainee). We are of the considered opinion that no fruitful purpose will be served by relegating the parties before the High Court on technicality. That objection, for the reasons already recorded, does not commend to us. Instead, in the peculiar facts of this case, we deem it necessary to answer the merits of the controversy so as to give quietus thereto concerning selection process commenced as back as in 2007 vide notification dated 28.9.2007On a plain reading of Rule 13, it is amply clear that the Ranked List published by the Commission (KPSC) would remain in force for a period of one year from the date on which it was brought into force. It further envisages that the said list will continue to be in force until 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 first proviso is an exception to the general rule. It predicates that the general rule shall not apply in respect of Ranked List of candidates for admission to training courses that leads to automatic appointment to services or posts and that in such cases, the Ranked Lists shall cease to be in force after one year from the date of finalization of the Ranked Lists or after one month from the date of commencement of the course in respect of the last batch selected from the list within a period of one year from the date of finalisation of the Ranked Lists, whichever is later. It is only this excepted eventuality which may elongate the tenure of the Ranked List published by the Commission (KPSC) beyond one year. The first Ranked List (RL-I) was published on 11.9.2013, but because of fortuitous situation, the final (third) advice from the first Ranked List (RL-I) was made by the KPSC on 11.11.2015 and the last batch of 339 candidates so advised was sent for training on 1.5.2016. Resultantly, the consequence provided by the first proviso to Rule 13 got triggered, whereby the first Ranked List (RL-I) ceased to operate in law, with effect from 1.6.2016We are in agreement with the analysis of factual matrix of the case undertaken by the Full Bench. Having said that, we must affirm the conclusion and application of Rule 13 by the Full Bench, to hold that the first Ranked List (RL-I) expired on 1.6.201626. The interim order passed by the Tribunal on 5.12.2013, in no way interdicted the operation of the first Ranked List (RL-I). As a matter of fact, none of the advised candidates from the first Ranked List (RL-I) had secured less than 49 marks in the preliminary examination. In any case, the original application(s) filed by the appellants before the Tribunal came to be disposed of on 20.2.2014, which order eventually became subject matter of Civil Appeal No. 8536/2015 and connected appeal before this Court. The operation of the first Ranked List (RL-I) was in a way interdicted for the first time on account of interim order passed by this Court on 3.11.2014, which stood vacated whilst allowing the Civil Appeal on 13.10.2015. The one-year period referred to in Rule 13 of the 1976 Rules, as per the general application, would have expired on 10.9.2014. There was no complete interdiction of the stated list until 3.11.2014 and for that reason, the KPSC was justified in issuing advice even after the interim order was passed by the Tribunal, namely, on 20.1.2014 (before the status quo order was passed by this Court for the first time on 3.11.2014). The final advice was admittedly issued on 11.11.2015 after the disposal of civil appeals by this Court on 13.10.2015. Pursuant to the final (third) advice, the last batch of 339 empanelled candidates from the first Ranked List (RL-I) was sent for training on 1.5.2016, as a result of which the first Ranked List (RL-I) ceased to exist on expiry of one month therefrom i.e. on 1.6.2016. This conclusion has been justly arrived at by the Full Bench disregarding the decision of the KPSC, dated 26.10.2015 to treat the first Ranked List (RL-I) having ceased to exist due to publication of second Ranked List (RL-II) on 26.5.201527. The Full Bench also took notice of the fact that the vacancies were reported after a gap of more than eight months on 12.7.2016 and that the last (third) advice was made on 11.11.2015. The Full Bench taking notice of the settled legal position, as expounded in S.S. Balu (supra), Kerala Public Service Commission vs. Shanil Kumar (2002) 1 KLT 604 , Lal Sudheer & Ors. vs. Kerala State Road Transport Corporation & Anr. , (2003) 1 KLT 329 Secretary, Kerala Public Service Commission vs. Sheeja P.R. & Anr. (2013) 2 SCC 56     and Nair Service Society vs. Distt. Officer, Kerala Public Service Commission & Ors. (2003) 12 SCC 10   , went on to hold that by now it is well established that the Commission (KPSC) cannot advise any candidate after the expiry of a Ranked List, even to an NJD vacancy, if such vacancies are reported after the expiry of the list in question. We agree with this opinion of the Full Bench. Admittedly, all the appellants were empanelled in the first Ranked List (RL-I), which, as aforementioned, had ceased to exist on 1.6.2016. Resultantly, the appellants cannot set up any claim in respect of vacancies reported thereafter. The NJD vacancies reported after 1.6.2016 must be filled up from amongst the empanelled candidates in the fresh Ranked List (i.e. the second Ranked List (RL-II) published on 26.5.2015 or the third Ranked List (RL-III) published on 14.3.2019, as the case may be)From the analysis of factual matrix of the case on hand, it becomes evident that there was no complete interdiction of the first Ranked List (RL-I) published on 11.9.2013 until the order of status quo was passed on 3.11.2014 by this Court. It is true that despite the order of status quo, the second Ranked List (RL-II) came to be published on 26.5.2015. According to the respondents, the order of status quo must be construed as only restraining the respondents from giving effect to the first Ranked List (RL-I) in any manner29. Notably, the issue pending consideration in the civil appeal in which the order of status quo was passed by this Court on 3.11.2014, was in reference to the directions given by the Tribunal on 20.2.2014 to re-cast the first Ranked List (RL-I) with main and supplementary lists, and to refrain from advising candidates who had secured less than 49 marks. As noted earlier, no candidate with less than 49 marks had been advised either from the final first Ranked List (RL-I) published on 11.9.2013 or the second Ranked List (RL-II) published on 26.5.2015. Furthermore, this Court while disposing of Civil Appeal No. 8536/2015 and connected appeal on 13.10.2015, to which the appellants were also party, did not issue any direction to the respondents to report about the existing NJD vacancies at the relevant time or otherwise, to KPSC, so as to accommodate the remaining empanelled candidates from the first Ranked List (RL-I) before giving effect to the second Ranked List (RL-II) dated 26.5.201530. Be it noted that grievance about publication of the second Ranked List (RL-II) during the pendency of appeal before this Court and despite the order of status quo, was not pursued before this Court on behalf of the appellants. We find force in the argument of the respondents that the order of status quo though interdicted processing of the first Ranked List (RL-I), that restriction stood lifted with setting aside of the decisions of the Tribunal and the High Court and allowing the appeal on 13.10.2015. Sans any direction by this Court and challenge to publication of the second Ranked List (RL-II) on 26.5.2015, nothing came in the way of the respondents to proceed with the final advice made on 11.11.2015 relating to 339 empanelled candidates from the first Ranked List (RL-I), who in turn, commenced their training on 1.5.201631. Considering the indisputable facts and unexceptionable finding recorded by the Full Bench which commends to us, it must follow that the appellants were not entitled to base their claim in reference to the first Ranked List (RL-I), which had ceased to exist on 1.6.2016, by filing writ petition(s) on 12.10.2017 for the stated reliefs. As the first Ranked List (RL-I), in law, ceased to exist from 1.6.2016, no relief could be granted to the appellants and the principles of actus curiae neminem gravabit and lex non cogit ad impossibilia will be of no avail, as it was not a case of any prejudice caused to the appellants on account of Court order as such.