IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 20421 of 2008(F) ------------------------------------ PETITIONER(S): ---------------------- HEMALATHA.T.R.,AYILYAM, KOTTAKKAKAM KUTTIYANIKADU,KEEZHAROOR P.O. THIRUVANANTHAPURAM BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENT(S): ----------------------- 1. THE KERALA PUBLIC SERVICE COMMISSION (K.P.S.C IN SHORT) PATTOM, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 TO R3 SENIOR GOVT.PLEADER SMT.T.B.REMANI FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/08/2009, ALONG WITH WPC NO. 18424 OF 2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.20421/2008-F APPENDIX PETITIONER'S EXHIBITS : EXT.P1 COPY OF THE JUDGMENT DT. 13/7/06 IN WPC 23382/2005. EXT.P2 COPY OF THE JUDGMENT OF SUPREME COURT DT.26/3/08 IN CIVIL APPEAL NO.4587/2006. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / PA TO JUDGE dkr T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20421 of 2008-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. JUDGMENT The petitioner herein was an applicant to the post of H.S.A. (English) in Thiruvananthapuram District. The main prayer in the writ petition is for a direction to respondents 1 to 3 to issue advice memos to the petitioner in the category of H.S.A. (English) for Thiruvananthapuram District. 2. Heard learned counsel for the petitioner and learned Standing Counsel appearing for the Public Service Commission. 3. The written test was conducted on 21.10.2004. The short list as also the rank list were published in the year 2005. It is therefore submitted by the learned Standing Counsel for the Commission that as the petitioner has approached this court only in July 2008, the prayers cannot be considered on the ground of delay. 4. The petitioner is relying upon the judgment of a Division Bench of this court which is produced herein as Ext.P1. Even in Ext.P1, their Lordships made it clear in para 7 of the judgment that those who have not challenged the list so far, even if similarly placed, will not be entitled to the benefits as they have slept over the matter for years. wpc 20421/2008 2 5. It is further submitted that recently a Division Bench in W.A.No.1173/2009, has taken a similar view that unless the short list is challenged within a reasonable time, no relief can be granted in the writ petition. The said Writ Appeal was from the judgment in W.P.(C) No.18916/2008 and it related to the rank list in respect of Trivandrum, Kollam, Kottayam and Kozhikode. It is therefore clear from the said undisputed facts that there is considerable delay in the matter. Hence, following the dictum laid down in W.A.No.1173/2009, this writ petition is dismissed. (T.R. Ramachandran Nair, Judge.) kav/