IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 2077 of 2010(H) ------------------------- PETITIONER(S): --------------- ANIL.K., S/O.K.KRISHNAN, ADIYODI, AGED 37 YEARS, NON-VOCATIONAL TEACHER (ENGLISH), G.V.H.S.SCHOOL, KAYYOOR, (VIA) CHERUVATHUR, KASARAGOD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION PATTOM, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R1 GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2077 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of March, 2010. J U D G M E N T The petitioner challenges Exts.P7 and P8 lists published by the Public Service Commission seeking a direction to the 1st respondent to include the name of the petitioner therein for the post of Non- vocational Teacher (English) in Vocational Higher Secondary Education State Service. 2. On 22-2-2010, I passed the following interim order: “The learned standing counsel for the Kerala Public Service Commission (KPSC) submits that the short list was published as early as on 15.11.2006 and the rank list itself was published on 18.6.2007. One candidate similarly placed like the petitioner had approached this Court and he was granted relief by this Court and that relief was confined to that candidate only. Therefore, according to the learned standing counsel for the KPSC, the petitioner is guilty of delay and laches and therefore, this writ petition cannot be entertained. He also relies on a Single Bench decision in W.P(C) No. 18916 of 2006 on the point which he submits that has been confirmed by the Division Bench in Writ Appeal No. 1173 of 2009. In view of the above submission, the counsel for the petitioner seeks time.” The petitioner would now contend that since the petitioner is now provisionally occupying the post of non-vocational teacher, nobody would be prejudiced by inclusion of the petitioner in the rank list. He further submits that this is not a test for selection but only a test for eligibility. Whatever that be, I am of opinion that the petitioner is guilty of unexplained delay and laches and therefore the contention of the Public Service Commission has to be upheld. Accordingly, the writ petition is dismissed for delay and laches. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.