IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 3264 of 2008(L) ------------------------- PETITIONERS: -------------- 1. RASHEED.P.K., AGED 36, S/O.KONTHRISM, PURUMADATHIL, KUMARAMANGALAM VILLAGE, VENGALLOOR KARA, VENGALLOOR VILLAGE. 2. MANOJ KUMAR.P.R., PUTHENPURAYIL, VENGALLOOR P.O, THODUPUZHA. BY ADVS. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM SRI.V.C.BABU KUMAR & SRI.R.MANOJ RESPONDENTS: ----------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THE KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, THE KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE EXCISE COMMISSIONER, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R3 & R4 BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.3264 of 2008 ------------------------- Dated this the 30st day of January, 2008. JUDGMENT The petitioners contend that they were included in the rank list of Excise Guards in Idukki District as per Ext.P1 which came into force on 31.01.2002. Apparently, after the publication of the rank list, a ban was imposed in the State on all appointments in various departments and this resulted in a situation where several of the vacancies which arose during the currency of the rank list were not reported to the Public Service Commission. The rank list expired on 31.1.2005. The petitioners have filed this writ petition on 25.1.2008, inter alia, seeking a declaration that the restriction contained in the 5th proviso to Rule 13 of the Public Service Commission Rules of Procedure to the extent it prescribes that the Public Service Commission can extend the period of validity of the rank list only to a maximum period of 1½ years, in spite of a continuous ban on public employment or circumstances delaying reporting of vacancies, is illegal and ultra vires the fundamental right guaranteed under Article 16 of the Constitution of India. W.P.(C).NO.3264/08 :: 2 :: 2. I heard learned counsel for the petitioners and the learned standing counsel for the Public Service Commission. 3. I am of the view that the writ petition is misconceived firstly because, even according to the petitioners, the rank list admittedly expired on 31.5.2005. The writ petition is filed only on 25.1.2008, more than 2½ years later. There is unexplained delay and laches on the part of the petitioners, in my view. In the circumstances, this court would be reluctant to exercise the extraordinary powers under Article 226 of the Constitution of India. 4. Secondly, the challenge against the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure seems to be misconceived. The period of validity of a rank list is governed by Rule 13 of the Rules. The 5th proviso, which is impugned herein, is a benevolent provision, which enables the Commission to extend the period of validity, notwithstanding the prohibition contained in Rule 13 of the Rules. Rule 13 of the Rules would continue even in the absence of the proviso. If that be so, the restriction on W.P.(C).NO.3264/08 :: 3 :: the proviso to the Rules which enables the Commission to extend the period of validity, which itself is a self-imposed restriction, cannot, in any manner, be construed as either ultra vires the powers of the Commission under Article 320 or otherwise in contravention of any of the provisions of Part III of the Constitution. The power to prescribe the period of validity of the rank list is obviously not open to question. In such circumstances, the restriction on the power to extend the period of validity will also have to be treated as part of the same. The challenge against the validity of the proviso is misconceived. Writ petition is bereft of merits and the same is, therefore, dismissed. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge