IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 14342 of 2009(K) -------------------------------- PETITIONER: -------------- GIREESH.S. S/O. SADASIVAN, THEKKEVELI, MANNANCHERRY P.O, ALAPPUZHA DISTRICT. BY MR.N.N.SUGUNAPALAN, SENIOR ADVOCATE. MR.S.SUJIN, ADVOCATE. RESPONDENTS: ------------------ 1. THE PRINCIPAL SECRETARY TO GOVERNMENT HUMAN RESOURCES DEPARTMENT, GOVERNMENT OF KERALA SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. THE SECRETARY KERALA PUBLIC SERVICE COMMISSION, PATTOM THIRUVANANTHAPURAM. 4. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY MR.ALEXANDER THOMAS, SC, KPSC FOR R3. MR. MUHAMOOD T.T., SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14342 OF 2009 --------------------------------------- Dated this the 29th day of July, 2009. J U D G M E N T The petitioner herein was an applicant to the post of Sub Inspector (Armed Police Battalion). The test was conducted on 10.12.2005 in which he became successful and thereafter he was called for interview and the rank list was brought into force with effect from 19.08.2006. 2. The petitioner is ranked 62 in the rank list. According to the petitioner, upto rank No.54 in the list, open selection candidates were already sent for training and upto 61st Ezhava community joined for training. The petitioner is the 62nd candidate in the above list and he is an Ezhava candidate entitled for reservation. It is submitted that when the last batch was sent for training, 11 more vacancies were available and therefore, going by Rule 13 of the Public Service Commission Rules of Procedure, the petitioner ought to have been advised. W.P.(C) No.14342/2009 2 3. The 3rd respondent Public Service Commission has filed a detailed counter affidavit. It is submitted that the rank list came into force on 19.08.2006 and the last batch of candidates within a period of one year from 19.08.2006 was advised on 24.07.2007. Their training commenced on 25.10.2007. It is therefore submitted that the rank list herein expired on 25.11.2007. It is also pointed out that the rank list was cancelled on 25.11.2007. But, 5 Non joining Duty Vacancies were reported which was received on 05.11.2007. Therefore, the advice has been made against 5 NJD vacancies on 03.12.2007. No further candidates were advised as the rank list expired on 25.11.2007. 4. It is further submitted that 8 vacancies (7 NJD and 1 Fresh) have been reported after the cancellation of the ranked list out of which 2 NJD vacancies were reported on 07.12.2007, 1 Fresh on 22.12.2007, 2 NJD on 17.02.2008 and 3 NJD on 08.04.2008. 5. Heard Sri. N.N. Sugunapalan, the learned senior counsel for the petitioner and Sri.Alexander Thomas, the learned standing W.P.(C) No.14342/2009 3 counsel for the Public Service Commission. 6. A decision of the Division Bench of this Court in Writ Appeal No.282 of 2008 and connected cases was brought to my notice. Going by the decision of the Division Bench, the first proviso to Rule 13 clearly provides that the rank list will continue to be in force till training of the last batch of selected candidates start. Last batch of selected candidates during the currency of the list considered therein was sent for training only on 01.01.2008. It is accordingly held that the list will expire on 01.02.2008. 7. Going by the facts stated above, the vacancies presently reported are between 07.12.2007 and 08.04.2008. The last batch of candidates was advised on 24.07.2007 within a period of one year from the date of finalisation of the ranked list. Their training commenced on 25.10.2007. Therefore, the rank list expired on 25.11.2007. Since 8 vacancies were reported after the expiry of the rank list, the petitioner cannot legally seek for a direction to advice him in any of the said vacancies. The commencement of the W.P.(C) No.14342/2009 4 training of the appointees who are advised on 05.11.2007 cannot be taken as a relevant date going by the plain terms of the first proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure. Therefore, this writ petition is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp