IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 29TH MARCH 2011 / 8TH CHAITHRA 1933 WP(C).No. 1827 of 2007(P) PETITIONER(S): 1. RAJAN NELLOOR, S/O.KRISHNAN, PERINTHATTA, P.O.ARAVANCHAL, VIA.PAYYANNUR, KANNUR DISTRICT. 2. V.KUMARAN, S/O.V.KANNAN, THIYARPALAM, P.O.EACHIKANAM, VIA.ANANDASHRAM, KASARGOD DISTRICT. BY ADV. SRI.M.RAMESH CHANDER RESPONDENT(S): 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY THE SECRETARY, KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (ELECTRICAL) (HRM), KERALA STATE ELECTRICITY BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, KERALA STATE ELECTRICITY BOARD, KASARGOD. 5. PAVITHRAN K,S/O KUNHIRAMAN, KOTTARA COLONY,THAIKKADAPURAM, NEELESWARAM VIA,KASARAGOD DISTRICT. 6. C.V.PAVITHRAN,S/O C.V.AMBU, CHALIYAM VALAPPIL,KAYYOOR P.O, CHERUVATHOOR VIA,KASARAGOD DISTRICT. 7. ASHRAF,S/O MOHAMMED KUNHI, CHEERAMADATH HOUSE,KALLURAVI BEACH, KANHANGAD SOUTH P.O,KASARAGOD DISTRICT. 8. JANARDHANAN C.V,S/O KUNHIKANNAN, KANNAMKAI,KODAKKAD P.O,KASARAGOD DISTRICT. 9. BALAKRISHNAN T,S/O GOPALAN T, KARICHAL VEEDU, PERIYA P.O, PALLIKKARA VIA,KASARAGOD DISTRICT. 10. ANVAR B,S/O MUSTAFA B, BAPPIKUNDAVIDA,PADUVADUKKA, MUTTATHODI P.O,KASARAGOD DISTRICT. 11. PAVITHRAN T.V,S/O A.V.GOPALAN, EDACHOKKAI P.O,THRIKKARIPUR,KASARAGOD DISTRICT. 12. PRAKASH BABU M.V, MOICHANTA VALAPPIL, CHERUMAVILAI, P.O,MAVILAYI. 13. ANILKUMAR K.M, S/O BALAMANI B.M, KOYABRAM,KOTTAPPURAM P.O, KASARAGOD DISTRICT. 14. BABURAJAN V.S/O APPUKKUTTAN ARIVIRUTHY,P.O UDINOOR,KASARAGOD DISTRICT. 15. JANARDHANAN M.V, S/O KUNHIKANNAN, OLATT, P.O.KODAKAD, THRIKARIPOOR VIA,KASARAGOD DISTRICT. 16. GOPALAKRISHNAN, SIVAPURAM,CHAMUNDIKUNNU P.O, RAJAPURAM VIA,KASARAGOD DISTRICT. 17. A. JANARDHANAN, S/O.M.K. MUTHU ACHARY, SUKUMARA NILAYAM, BALLA P.O., CHAMMATTAM VAYAL, KASARAGOD. ADDL. RESPONDENTS 5 TO 16 ARE IMPLEADED AS PER ORDER DT. 29.5.2007 IN I.A.NO. 5150/2007. ADDL. 17TH RESPONDENT IS IMPLEADED AS PER ORDER DT. 24.2.2009 IN I.A. NO. 2298/2009. ADV. SRI.M.V.AMARESAN FOR R6, R8, R9, R10 & R15 SRI.P.C.SASIDHARAN, SC, KPSC SRI.V.N.RAMESAN NAMBISAN FOR ADDL.R6,9 & 15 SRI.T.K.VIPINDAS FOR R7 & 14 SRI.P.M.PAREETH FOR ADDL.R12 SRI.K.R.VINOD FOR ADDL.R11 SRI.P.V.KUNHIKRISHNAN FOR ADDL.R13 SRI.SURESH KUMAR KODOTH FOR ADDL.R5 SRI.SIJI ANTONY FOR ADDL.R SRI. K.S. ANIL, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS' EXHIBITS: W.P.C. NO. 1827/2007. ------------------------------------------------------------------- EXT.P1 TRUE COPY OF THE RANKED LIST FOR THE POST OF ELECTRICITY WORKER/MAZDOOR IN KSEB. EXT.P2 TRUE COPY OF THE REPRESENTATION DT. 18.10.1006 FILED BY THE PETITIONERS BEFORE THE SECRETARY, K.P.S.C. EXT.P3 TRUE COPY OF JUDGMENT D. 12.12.2006 IN W.A. NO. 2341/2005. RESPONDENTS' EXHIBITS: --------------------------------------- EXT.R6(a) TRUE COPY OF COVER OF S.S.L.C.BOOK BEARING NO. 346170. EXT.R6(b) TRUE COPY OF 1ST PAGE OF S.S.L.C. BOOK. EXT.R6(c) TRUE COPY OF 7TH PAGE OF S.S.L.C. BOOK. EXT.R6(d) TRUE COPY OF THE MEMO ISSUED BY KSEB. EXT.R8(a) TRUE COPY OF CERTIFICATE OF SCHOOL EDUCATION DT. 20.12.2004 ISSUED BY R8. EXT.R8(b) TRUE COPY OF MEMO DT. 26.2.2005 ISSUED BY KSEB. EXT.R9(a) TRUE COPY OF COVER OF S.S.L.C. BOOK. EXT.R9(b) TRUE COPY OF 1ST PAGE OF S.S.L.C. BOOK. EXT.R9(c) TRUE COPY OF 6TH PAGE OF THE S.S.L.C. BOOK. EXT.R9(d) TRUE COPY OF 7TH PAGE OF THE S.S.L.C BOOK. EXT.R9(e) TRUE COPY OF 8TH PAGE OF THE S.S.L.C. BOOK. EXT.R9(f) TRUE COPY OF MEMO DT. 26.2.2005 ISSUED BY K.S.E.B. EXT.R10(a) TRUE COPY OF COVER OF S.S.L.C.BOOK BEARING NO. 188213 EXT.R10(b) TRUE COPY OF RELEVANT PAGE OF S.S.L.C.BOOK. EXT.R10(c) TRUE COPY OF RELEVANT PAGE OF S.S.L.C. BOOK. EXT.R10(d) TRUE COPY OF MARK LIST OF PUBLIC EXAMINATION. EXT.R10(e) TRUE COPY OF MEMO DT. 26.2.2005 ISSUED BY KSEB. EXT.R15(a) TRUE COPY OF EXTRACT OF THE SCHOOL ADMISSION REGISTER. EXT.R15(b) TRUE COPY OF MEMO DT. 26.2.2005 ISSUED BY K.S.E.B. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 1827 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 29th day of March, 2011. J U D G M E N T The petitioners are aspirants for appointment to the post of Electricity Worker/Mazdoor in Kerala State Electricity Board. They applied pursuant to the notification inviting applications published by the Public Service Commission. They underwent a selection process and they were included in Ext. P1 rank list. That rank list came into force on 30.4.2002. At the time of filing of this writ petition itself, the period of validity of the rank list had expired. The petitioners have filed this writ petition contending that other candidates who passed SSLC were included in the rank list. According to the petitioners, as per the notification, those who pass SSLC are not eligible to apply for that post. Therefore, since in Ext. P1 rank list, over-qualified/disqualified candidates have been included, the appointment given to such persons should be cancelled and instead, others qualified shall be considered for advice against those posts, is the contention raised by the petitioners in this writ petition. 2. I am of opinion that it is too late in the day for the petitioners to raise that contention. If they had such a contention, they should have raised it immediately before the publication of the rank list or at least before the expiry of the rank list. Now, after all these years, it is not proper for me to entertain such a contention, especially since it is not even known as to who are those other over-qualified/disqualified candidates. No materials are also furnished to prima facie prove the W.P(C) No. 1827 of 2007 -: 2 :- said allegation. The Public Service Commission in their counter affidavit stated that they had removed three overqualified persons, whose cases were revealed on enquiry, from the rank list. In the above circumstances, I am not inclined to exercise my discretionary jurisdiction in favour of the petitioners to interfere with a rank list, the validity of which had expired long before the filing of the writ petition itself. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/