IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 16910 of 2008(K) -------------------------- PETITIONERS: 1. DEEPAMOL G.NAIR, W/O.SANTHOSH KUMAR, SANDEEP VILASAM, MATTATHIPPARA P.O., ANTHINADU (VIA), KOTTAYAM DISTRICT. 2. DINI S.NAIR, W/O.SATHEESH.S., THEKKAMYALIL HOUSE, ENADI P.O., VAIKOM. 3. NEETHUKUMAR, W/O.SHIJIL.M.M., VELATHUPARAMBIL HOUSE, PONNARIMANGALAM, MULAVUKADU P.O. 4. POOJA.V.P., W/O.BABU.K.S., VELIKKAKATHU HOUSE, AYYAMPILLY P.O., AYYAMPILLY, ERNAKULAM DISTRICT. 5. SUNITHA MOL.V.T., D/O.C.VIJAYAMMA, SUNI NIVAS, PAPPADU, NETTAYAM P.O., THIRUVANANTHAPURAM-13. BY ADV. SRI.V.PHILIP MATHEW RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE (C), KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. PRINCIPAL SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. 4. KERALA PUBLIC SERVICE COMMISION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA SC, KPSC, SRI. ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.16910 of 2008 -------------------------- Dated this the 24th June, 2008 J U D G M E N T Petitioners were selected by the PSC for the post of Junior Public Health Nurse Gr.II in the Municipal Common service. Exhibit P1 rank list was published on 8.6.2007. The selection process was initiated by the Commission, inviting applications by notification published on 27.12.2005. The unit of recruitment for the post of Junior Public Health Nurse in the Municipal Common Service was the State. By G.O (Ms) No.260/06/LSGD dated 14.11.2006, Government decided to change the unit of appointment to the district level. As noted above, rank list was published only on 8.6.2007, and therefore, by the time selection process was completed and rank list published, unit of appointment had undergone a drastic change. Therefore, it may not be possible to enforce the rank list prepared on the basis that appointment is to be effected on a State level basis in such a manner as to advice candidates for appointment W.P ( C) No.16910 of 2008 2 in districts. The Government Order dated 14.11.2006 categorically declares that the recruitment hence forthwith meaning from 14.11.2006 to the post of Junior Public Health Nurse in the Municipal Common Service would be at the District level. Apparently, taking note of this order, PSC decided to restrict the validity of the rank list for a period of one year. It is this decision that has been challenged in this writ petition. 2. Learned counsel for the petitioner submits that the period of validity of the rank list in question is three years. Going by the Government Order, there is no reason why the validity should be restricted to a period of one year. No fresh rank list has been published. In the circumstances, a direction is sought for, to the PSC to enforce the rank list and operate the same for its entire period of three years. 3. Public Service Commission has filed a counter affidavit pointing out that method of appointment underwent a fundamental change in the course of selection and therefore it would have been perfectly open to the Public Service Commission to declare that the selection W.P ( C) No.16910 of 2008 3 proceedings will be commenced afresh and not publish the rank list as such. Reference in this regard is made to the decision of the Supreme Court in Rajasthan Public Service Commission Vs. Chanan Ram and Another [1998 (4) SCC 202] followed by the decision of this Court in Gopalan Vs. Director of Panchayats [1999 (2) KLT 483]. Nevertheless keeping in mind the interests of the candidates who were included in the rank list, Public Service Commission decided to enforce the rank list for a period of one year. If the Government had not decided to alter the method of appointment changing the unit from State to District level, there was no reason for the PSC to restrict the period of validity of the rank list as such. 4. A reading of the Government Order Dated 14.11.2006 shows that Government has no doubt prospectively changed the method of appointment. If that be so, it was possibly for the PSC to stop the selection process at that point of time and decide to start afresh. In the circumstances, the decision to enforce the rank list for a period of one year as such cannot be faulted with. W.P ( C) No.16910 of 2008 4 5. In my view, it is open to the Government to take a decision whether an exception could be carved out from the Government order dated 14.11.2006, in favour of those persons who had already undergone selection to the post in question and find themselves included in the rank list published by the PSC, though such publication took place only after the date of issuance of the Government Order. Petitioner may bring this fact to the notice of the Government. In the result, the writ petition is disposed of in the following terms: i) Petitioners may file a comprehensive representation indicating the above aspects before the 2nd respondent within one month from the date of receipt of a copy of this judgment. ii) Second respondent shall, thereafter, particularly address the question as to whether an exception can be carved out in relation to such vacancies which were either available on 14.11.2006 or which is due to arise for a specific period thereafter in such a manner as to accommodate W.P ( C) No.16910 of 2008 5 the interests of those persons who had already participated in the selection and find a place in the rank list that is published by the PSC on culmination of the selection process which was already underway on 14.11.2006. iii) Authorised representative of the petitioners shall be heard before a decision is taken by the 2nd respondent and the same shall be done within a period of two months from the date of receipt of a copy of this judgment along with a representation. iv) Second respondent shall consult the PSC before a decision is taken. v) Once the Government takes a decision, PSC shall review its decision to restrict the period of validity of the rank list to one year depending upon the decision so taken by the Government and communicated in this regard. (V.GIRI, JUDGE) ma W.P ( C) No.16910 of 2008 6 W.P ( C) No.16910 of 2008 7