IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 3040 of 2008(J) ---------------------------------- PETITIONER: 1. BENNY LALU.M.L., MUNAMPEL JOSE COTTAGE, KARALI JUNCTION P.O., SASTHAMCOTTA 690 543. 2. BIJU.U, JEEJA BHAVAN, NEENDAKARA P.O., KOLLAM. 3. ASOK KUMAR.P., SUMATHY SADANAM, MEENADU, NEDUNJOLAM P.O., KOLLAM. 4. DHWIJESH.S, S/O.P.SAMBAN, KAZHUKANTHURUTH HOUSE, AZHEEKKAL P.O., PRAYAR VIA, KOLLAM, PIN 690- 547. 5. K.S.SELVARAJ, KULAKANDATHIL, MANNANI P.O., NORTH PARAVUR. 6. ASHOKA KUMAR, S/O.K.VASUDEVAN, ASHOKA BHAVANAM, S.R.P MARKET P.O., THAZHAVA, KOLLAM, PIN 690 539. 7. SUNIL.V.R., AMBATTUKUNNEL, KANNIMANGALAM, NADUVATTOM P.O., KALADY. 8. LAIJUMON.C.V, CHERUVALLIPPADY HOUSE, ASAMANNOOR P.O., NOOLELI, ERNAKULAM 683 549. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, O/O.PSC, PATTOM, THIRUVANANTHAPURAM. BY R1 AND R2 BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN R3 BY ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 3040 of 2008 -------------------------- Dated this the 25th January, 2008 J U D G M E N T In my view, the contentions raised by the petitioners' herein have been dealt with in the judgment in W.P. (C) No.18336 of 2007 and connected cases, disposed of under Exhibit P3 judgment. Learned counsel for the petitioners Mr.Dinesh R. Shenoy submits that there is an additional contention that since certain persons advised from the rank list were not sent for training till 2.1.2008, the rank list should be treated as alive even as on date. This additional contention was considered in another W.P (C ) No.28605 of 2007. 2. Mr. Dinesh R.Shenoy, learned counsel for the petitioner contends that going by Exhibit P4 supplementary select list for promotions to the post of Circle Inspector of Police for the year 2006, 43 vacancies should be treated as having arisen in 2006, during the currency of the rank list. I am unable to accept this contention. The post of Circle Inspector of Police is a selection post. The promotions effected to the said post, W.P ( C) No. 3040 of 2008 2 pursuant to Exhibit P4 will not ipso facto result in vacancies in the post of Sub Inspector of Police arising on a date prior to Exhibit P4 or even in 2006. The principle that eligibility must be determined with reference to the date of occurrence of vacancy will not apply in the strict sense in the case of a selection post. In the result, I do not find any merit in this writ petition and following Exhibit P3 as also the judgments in WP (C) No28605 of 2007. The writ petition is therefore, dismissed. (V.GIRI, JUDGE) ma W.P ( C) No. 3040 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007