IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 36180 of 2010(V) ----------------------------------- PETITIONERS: --------------------- 1. PHEBA.K.DAVID, W/O. P.V.JAMES, PAPPALIL HOUSE, PUTHOOR.P.O., THRISSUR DISTRICT. 2. MENCY FRANCIS, W/O. SEBASTAIN, KIZHAKKOOTTU HOUSE, ALOOR, ERUMAPPETTY, THALAPPALLY TALUK. BY ADVS. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.N.ASWATHY RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 2. THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM.P.O., THIRUVANANTHAPURAM-695004. BY SMT. NOSHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.36180 Of 2010 ----------------------------------------------------- DATED THIS THE 5th DAY OF JANUARY, 2011 J U D G M E N T The grievance raised by the petitioners in the Writ Petition is that in spite of inclusion of their names in the Addendum ranked list and in spite of filing Exhibits P3 and P4 representations, their claim for appointment is not being considered. 2.The petitioners were candidates who applied for the post of High School Assistant(English) in the Education Department, Thrissur District in the year 2004. After due process of selection, ranked list was published on 9.11.2005. This court in W.P.(C)No.23382/05 directed the Public Service Commission to assess the vacancies that may arise during the currency of the list in a reasonable manner and short list the candidates at least three times the number of vacancies in the order of merit. The revised ranked list was published after a long litigation on 13.1.2009 and petitioners are ranked as Sl.Nos.70 and 71 in the said list. According to the petitioners, there were existing vacancies which arose after the publication of the first ranked list W.P.(C)No.36180/10 -2- till the publication of the addendum ranked list and in those vacancies also advises ought to have been made. 3. Heard the learned Standing Counsel for the Public Service Commission, who submitted that the matter is covered against the petitioners in the light of the judgment of this Court in W.P.(C)No.15555/09 which has been confirmed in Writ Appeal No.164/2009. The relevant findings are contained in paragraph No.16 of the judgment in W.P.(C)No.15555/09. It was held by this Court that the direction issued by this Court for publishing an Addendum ranked list will be limited to the vacancies that could be anticipated during the currency of the ranked list and not in respect of vacancies which may arise after the expiry of the life period of the ranked list. The ranked list expired after three years. In that view of the matter as the legal issue is covered against the petitioner, the Writ Petition is dismissed. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn