IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 38795 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. K.P.VINOD, SREEMANDIRAM, ANNOOR, AMBALATHUMKALA P.O., KOTTARAKKARA, KOLLAM. 2. BEENA KUMARI R.S., VELAYUDHAMANDIRAM, ANNOOR, AMBALATHUMKALA, KOTTARAKKARA, KOLLAM. 3. BINDU.R.S., VELAYUDHAMANDIRAM, ANNOOR AMBALATHUMKALA, KOTTARAKKARA, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU S. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695001. 3. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY IT SECRETARY, PATTOM, THIRUVANANTHAPURAM-4. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, ERNAKULAM, PIN 682036. 5. SRI.THOMAS K.A., KULANGATTIL HOUSE, KADAVOOR P.O., NORTH PUNNAMATTOM, ERNAKULAM-686671. 6. SRI.PRASANNAN.C., PRASANNA MANDIRAM, THOTTAMUKHOM P.O., MYNAGAPPALLY, KOLLAM-690519. 7. SRI.BIJU.D., KOICKAL HOUSE, CHEPPAD P.O. ALAPPUZHA-690507. 8. SRI.MUHAMMED SHANU.A., KOCHUKALLUMMOODU, MUSLIM STREET, KOTTARAKKARA, KOLLAM-691506. GOVT. PLEADER SRI. ANTONY MUKKATH. ADV. SRI. ANEXANDER THOMAS, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 38795 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of January, 2011. J U D G M E N T Pursuant to a notification inviting applications for selection to the post of Junior Health Inspector, Grade II in Kerala Municipal Common service issued by the Public Service Commission, the petitioners also applied and they were included in the rank list which came into force on 8.10.2001. The petitioners along with others filed W.P(C) No. 11174/2004 seeking reporting of vacancies. Ultimately, it was closed. Although the petitioners tried a review petition, by Ext. P3 order, the same was also dismissed in view of the expiry of the list on 31.12.2004. Subsequently, the Public Service Commission prepared another rank list and advice and appointments were made from that list also. Later on, the petitioners came to know that even prior to the expiry of the list on 31.12.2004, there were 16 vacancies, out of which only 6 were reported to the Public Service Commission. They have obtained Ext. P4 by resorting to proceedings under the Right to Information Act in respect thereof. Now, based on Ext. P4, the petitioners have filed this writ petition contending that since prior to the expiry of the list on 31.12.2004 there were vacancies which ought to have been reported, the petitioner should be advised from the list which expired on 31.12.2004. The petitioners seek the following reliefs: “(i) To call for the records leading to the reporting of 12 vacancies to the P.S.C. to the post of Junior Health Inspector Grade-II from the 2nd respondent and the appointment of the respondents 5 to 8 and others pursuant to Ext. P5 order from the P.S.C. List expired on 31.12.2004 and to issue a writ of certiorari or other appropriate writ, order or direction quashing Ext. P5 and the appointment of respondents 5 to 8 and others as illegal and nullity. (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 1 and 2 to report the 12 vacancies to the post of Junior Health Inspector Grade-II to the P.S.C and direct the P.S.C to issue advice memo to the W.P.C. No. 38795/2010. -: 2 :- candidates from rank list expired on 31.12.2004 within a stipulated time as directed by this Hon'ble Court. (iii) To declare that the appointment of respondents 5 to 8 and others pursuant to Ext. P5 order from the P.S.C list existed before the expiry of the rank list of the petitioners on 31.12.2004 is illegal and nullity. (iv) To declare that the respondents have no jurisdiction or authority to appoint respondents 5 to 8 and others pursuant to Ext. P5 Government Order to the post of junior Health Inspector Grade- II from district wise list, the post earmarked to get appointment to the candidates from the P.S.C list in Kerala Municipal Common Service expired on 31.12.2004. (v) To declare that the candidates included in the P.S.C list expired on 31.12.2004 are entitled to get appointment in the vacancies available to be reported to the P.S.C for getting appointment to the candidates from the rank list for selection to the post of Junior Health Inspector Grade-II Kerala Municipal Common Service.” 2. I have heard the learned Government Pleader and the standing counsel for the Public Service Commission. I am of opinion that the petitioners contentions cannot be countenanced at this point of time. First of all, a Full Bench of this Court has, in Vimala Kumari v. State, 1994(2) KLT 47 (F.B) held that no advice can be made to vacancies reported subsequent to the expiry of the rank list prepared by the Public Service Commission. Even apart from that, it is too late in the day for the petitioners to approach this Court seeking advice from a list which expired 6 years ago. In the above circumstances, I am not inclined to entertain this writ petition and accordingly, the same is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.