IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 20855 of 2008(G) -------------------------------- PETITIONERS: ---------------- 1. AZAD K.K., S/O KUNJU PILLAI A., "ASWATHY", PADINJATTAKARA P.O., THEVALAKKARA, KOLLAM. 2. VINOD N., S/O L. BHARATHI, KINATTAYYATH VEEDU, CHEMMAKKAD P.O.,KOLLAM. BY MR.DEEPU THANKAN, ADVOCATE. RESPONDENTS: ------------------ 1. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION,THIRUVANATHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURM, REPRESENTED BY ITS SECRETARY. BY MR.ALEXANDER THOMAS, SC, KPSC FOR R2. MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20855 OF 2008 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioners are the candidates who had participated in the selection conducted by the Public Service Commission to the post of Vocational Teacher in Computer Application. They are Rank Nos.5 and 6 included in the supplementary list for Scheduled Caste and Scheduled Tribe. 2. Mainly it is contended that there were a number of vacancies and in the main list sufficient number of candidates were not included, and the petitioners therefore seek for appropriate direction to expand the main list itself. 3. Exhibit P1 is the copy of the rank list published by the Public Service Commission wherein there are 22 persons in the main list and 6 persons in the supplementary list for Scheduled Castes. On 30.04.2007, the Public Service Commission advised 18 persons from the list wherein two candidates from the W.P.(C) No.20855/2008 2 supplementary list for Scheduled Caste were also included. There were 10 Non Joining Duty vacancies and on 05.09.2007, the Public Service Commission advised another 9 candidates. Rank No.3 in the supplementary list was also advised but none of them joined. Again, these vacancies were reported to the Public Service Commission and a fresh advice for 4 persons including one person from the supplementary list for Scheduled Caste was issued on 11.01.2007. By the time, the main list exhausted. 4. Going by the averments in the writ petition, the Scheduled Caste candidates who were advised also did not join. It is in this circumstance, the petitioner has filed this writ petition seeking for appropriate directions to expand the main list itself. 5. In the counter affidavit filed on behalf of the Public Service Commission, various details regarding the steps taken to advise candidates have been stated. It is pointed out in paragraphs 7 and 8 of the counter affidavit that even though 9 candidates were advised on 05.09.2007, none of them reported and therefore, 9 NJD vacancies were reported. While working out the rotation for those 9 candidates after filling 4 vacancies, main W.P.(C) No.20855/2008 3 list of the ranked list got exhausted on 11.12.2007. It is further submitted that the petitioners have approached this Court only after two years of the publication of the main list also. 6. Learned standing counsel for the Public Service Commission relied upon a Division Bench decision of this Court in Writ Appeal No.1173/2009 wherein this Court refused to exercise the discretionary power in the light of the fact that the petitioners approached the Court long after the list was published. A reading of the judgment shows that the learned Single Judge dismissed the writ petition relying upon the decision of a Division Bench of this Court in Ajayan vs. State of Kerala (2006 (3) KLT 854). It was held that the petitioners therein approached the Court long after the exhaustion of the rank list. In paragraph 2 the Division Bench considered the above facts and held that the reasoning rendered by the learned Single Judge cannot be faulty. Herein the main list was published in the year 2006, and the writ petition is filed only on 28.08.2008. Therefore, there is considerable delay and latches in the matter. Once the main list has exhausted, supplementary list also does not survive. In that W.P.(C) No.20855/2008 4 view of the matter also, the writ petition fails and the same is dismissed. T.R. RAMACHANDRAN NAIR JUDGE smp