IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 24937 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. P.J.JESSY,THEKKAN HOUSE,MELOOR, CHALAKUDY,THRISSUR DISTRICT. 2. K.A.SHERLY,CHUNDATH HOUSE,P.O.POOVATHUR, THRISSUR DISTRICT. 3. SINI JOSEPH,PALLATH HOUSE, CHERUVALOOR.P.O,KORATTY,THRISSUR DISTRICT. 4. K.J.RAJESWARI,INCHODIL HOUSE, NENMANIKARA,P.O.PUDUKKAD,THRISSUR DISTRICT. 5. P.D.LIJI,CHERAYATH ATHANIKKAL, P.O.KANDASSANKADAVU,THRISSUR DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.K.ANAND SRI.B.UNNIKRISHNA KAIMAL SRI.T.ISSAC RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY,P.S.C.OFFICE, PATTOM,THIRUVANANTHAPURAM-4. 3. THE DISTRICT OFFICER, KPSC, THRISSUR. 4. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 5. THE DISTRICT MEDICAL OFFICER OF HEALTH, THRISSUR DIST. THRISSUR. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24937/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE RANK LIST. P2. COPY OF THE NEWS ITEM DTD.24.6.10. P3. COPY OF THE NEWS ITEM DTD.29.6.10. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE NOTIFICATION DTD.14.7.2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.24937 of 2010 ================== Dated this the 14th day of December, 2010 J U D G M E N T The petitioners are candidates included in Ext.P1 rank list dated 26.6.2007 prepared by the Public Service Commission for appointment to the post of staff nurse in the Health Services Department of the Government of Kerala. The Public Service Commission has decided to extend the period of validity of all rank lists, which were alive as on 28.6.2010 till 31.5.2011. But unfortunately for the petitioners, their list expired two days prior to the said date. The petitioners submit that this is arbitrary and discriminatory. The petitioners seek the following reliefs: “i. a writ of mandamus to the 2nd respondent to issue orders extending the validity of Ext.P1 Rank List till 31.5.2011. ii. a writ of mandamus to Respondents 4 and 5 to report to Respondents 2 and 3, all vacancies of staff nurses arising in Thrissur District till 31.5.2011 for advising candidates from Ext.P1 Rank List. iii. a writ of mandamus to respondents 2 and 3 to advise candidates from Ext.P1 Rank List against all vacancies reported by the appointing authority till 31.5.2011.” 2. The learned standing counsel for the PSC submits that the issue involved in writ petition is squarely covered against the petitioners, by the judgment of this Court in W.P.(C). No.27789/2010. 3. I have considered the rival arguments in detail. 4. In W.P.(C).No.27789/2010, a learned Single Judge of this w.p.c.24937/10 2 Court has held thus: “The petitioner applied for the post of Non-vocational Teacher (English) Senior and after the written test and interview, her name was included in Ext.P1 ranked list. Ext.P1 ranked list was brought into force from 18.6.2007. The period of validity of the list is three years. It would appear that the Government made a proposal to extend the validity period of the ranked list up to 31.5.2011 on account of unification of retirement age. This proposal was made by the letter dated 25.6.2010. 2. In the affidavit filed on behalf of the first respondent, it is stated that the Government letter was received in the office of the Public Service Commission on 26.6.2010. The Commission decided to extend the period of validity of the ranked lists which were current as on 28.6.2010, invoking the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure. The Commission issued notification in the Gazette dated 14.7.2010 extending the period of validity of the ranked lists that were current on 28.6.2010. It is stated that the Commission has the power to keep alive a ranked list only if it is current. It has no power to keep alive a ranked list which has already expired. 3. The relief prayed for by the petitioner is for the issue of a writ of mandamus commanding the second respondent to report the vacancy of Non- vocational Teachers (English) Senior in the Department of Vocational Higher Secondary Education and to direct the Kerala Public Service Commission to make appointment to the said vacancies from Ext.P1 ranked list. In the alternative, there is also a prayer to declare that non-extension of Ext.P1 ranked list is discriminatory and illegal. 4. It is settled legal position that the life of a ranked list which has already expired cannot be extended. In K.Thulaseedharan v. KPSC ((2007) 6 SCC 190) and Deepa Keyes v. KSEB ((2007) 6 SCC 194), this position has been settled. In view of the settled legal position, the reliefs prayed for in the Writ Petition are not liable to be granted. The Writ Petition is accordingly dismissed.” Following the said judgment, this writ petition is also dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24937/10 3