IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.K.DENESAN MONDAY, THE 12TH FEBRUARY 2007 / 23RD MAGHA 1928 RP.No. 693 of 2006(B) --------------------- AGAINST THE JUDGEMENT IN WPC.27524/2005 Dated 06/12/2005 .................... REVIEW PETITIONERS/RESPONDENTS 1 & 4 ----------------------------------------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOTTAYAM. BY ADV. SRI.P.C.SASIDHARAN, SC, KPSC RESPONDENTS: PETITIONER/RESPONDENTS 2 & 3 ----------------------------------------- 1. SMT.JAYA.K, AGED 25, RAJA VILASOM, CHETTUPURA P.O., K.P. COLONYL, IDUKKI DISTRICT. 2. THE DIRECTOR, DIRECTORATE OF HOMOEOPATHY, POST NO.5153, EAST FOT, THIRUVANANTHAPURAM. 3. THE DISTRICT MEDICAL OFFICER OF HOMOEOPATHY, CIVIL STATION BUILDING, THIRUVANANTHAPURAM. R1 BY ADV. SRI.S.PRASANTH R2 & 3 BY GOVERNMENT PLEADER SHRI. P.NANDAKUMAR THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/12/2006, THE COURT ON 12/2/2007 PASSED THE FOLLOWING: K.K. DENESAN, J. = = = = = = = = = = = = = = = R.P. No. 693 of 2006 in W.P.(C) No. 27524 OF 2005 B = = = = = = = = = = = = = = = Dated this the 12th February, 2007 O R D E R The Kerala Public Service Commission (hereinafter referred to as 'the Commission'), and the District Officer of the Commission at Kottayam are the review petitioners. They were respondents 1 and 4 respectively in W.P.(C) No. 27524 of 2005. 2. This Court as per judgment dated 6-12-2005 disposed of the above writ petition directing the Commission to advise candidates against the vacancies reported to it during the currency of the rank list, for appointment to the post of Homoeo Pharmacist in the Homoeo Department. The above direction was issued in the light of the decision of a Division Bench of this Court in Stalin v. State of Kerala (2006 (1) KLT 493). Subsequently another Division Bench passed Reference Order dated 23-3-2006 expressing the view that Stalin's case (supra) did not consider the impact of an earlier Bench decision in Kunju Kunju v. State of RP No. 693/06 in WPC 27524/05 -2- Kerala (2005 (1) KLT 364) and that the matter required consideration by a larger Bench. Accordingly, a Full Bench of this Court considered the question elaborately and answered in Mohanan v. Director of Homeopathy {2006 (3) KLT 641 (FB)} that Stalin's case has not laid down the correct law and held that notwithstanding the currency of the rank list prepared and published by the Commission in accordance with the recruitment rules in force prior to the introduction of the Special Rules for the Kerala Homoeopathy Subordinate Service, 1999 with effect from 12-4-1999, the vacancies which arose subsequent to the amendment of the rules on 12-4-1999 shall be filled up only in accordance with the Special Rules promulgated with effect from 12-4-1999. The Commission has therefore filed the above petition seeking for a review of the judgment in W.P.(C) No. 27524 of 2005. 3. Heard both sides. 4. Counsel for the respondents (writ petitioners) contended that declaration of law by a subsequent decision will not affect the binding nature of a judgment rendered on the basis of the law as it stood RP No. 693/06 in WPC 27524/05 -3- on the date of pronouncement of the judgment under review. I am unable to accept the above contention as a valid ground to reject a petition for review of the judgment. The judgment under review has not become final, in the sense that the review petitioner has not exhausted the remedy of review or appeal. Since the basis for issuing directions to the review petitioner vide judgment dated 6-12-2005 was the law laid down by the Division Bench in Stalin's case, which has now been held to be not good law by the Full Bench, the Commission is entitled to seek for a review of the judgment dated 6-12-2005. Accordingly, the judgment dated 6-12-2005 in W.P.(C) No. 27524 of 2005 is recalled. The review petition is allowed. K.K. DENESAN JUDGE jan/