IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WP(C).No. 23405 of 2008(J) -------------------------- PETITIONER: ------------ 1. DR.VENU KUMAR.K., PLAVILA VEEDU, KARAKULAM P.O., THIRUVANANTHAPURAM - 64. 2. DR.K.R.SALINA, LAKSHMI BHAVAN, POONCODU, BHAGAVATHINADA P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. 3. DR.LAWRENCE LOTUS, KOCHIKKARAN HOUSE, CHETTIKAD, PATHIRAPPALLY P.O., ALAPPUZHA. 4. DR.N.ASHADEVI, KOHINOOR HOUSE, MUTTADA P.O., THIRUVANANTHAPURAM - 25. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: ------------- 1. KERALA PUBLIC SERVICE COMMISSION (K.P.S.C. IN SHORT), REPRESENTED BY ITS SECRETARY, P.S.C.OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY SC SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ------------------- W.P.(C).23405/2008 -------------------- Dated this the 5th day of August, 2008 JUDGMENT The petitioners are Homeo Doctors. They had applied for appointment to the post of Medical Officer (Homeo). Ext.P8 is the ranked list of candidates selected for appointment to the post of Medical Officer (Homeo) in the Homeopathy Department. Ext.P8 came into force on 15.3.2004 and it ceased to be in force on 14.3.2007. The validity of the said list was challenged in W.P.(C).10751 of 2004 and connected cases. By the decision in Ajayan v. State of Kerala (2006 (3) KLT 854), a Division Bench of this Court directed the Kerala Public Service Commission to assess the vacancies that may arise during the currency of the list, to shortlist the candidates, to complete the formalities and publish an additional list within a period of two months. This Court in Ajayan's case (supra) held that the petitioners, even if they are shortlisted, will not be entitled to get any seniority over the persons who are already listed. The decision in Ajayan's case was upheld by the Apex Court. W.P.(C).23405/2008 2 2. The grievance voiced by the petitioners is that Ext.P8 ranked list published by the Kerala Public Service Commission should be enlarged. This writ petition was filed on 4.8.2008, ie, more than one year and four months after the ranked list ceased to be in force. The challenge to Ext.P8 ranked list in similar circumstances was repelled by a learned Single Judge of this Court in Writ Petition No.18586 of 2008 and the said decision was affirmed by a Division Bench of this Court in Writ Appeal No.1546 of 2008. Further in Ajayan's case (supra), the Division Bench held that those who have not challenged the list so far, even if they are similarly placed, will not be entitled to the benefits flowing from the judgment as they have slept over the matter for years. In view of the binding decisions of this Court, the petitioners are not entitled to challenge Ext.P8 at this distance of time. The writ petition accordingly fails and it is dismissed in limine. P.N.RAVINDRAN, Judge mrcs