IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WA.No. 164 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.15555/2009 Dated 01/12/2009 .................... APPELLANT(S): 3RD PETITIONER IN WPC NO.15555/09 ----------------------------------------------- RANJINI A.R., W/O.KRISHNAN, THADAYIL HOUSE, PUTHUKKODE P.O., RAMANATTUKARA. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, REP.BY ITS SECRETARY, PATTOM, TRIVANDRUM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, MALAPPURAM. 5. SAJEEV KUMAR T.C., AGED 42 YEARS, S/O.KRISHNAN GURUKKAL, SREE NILAYAM, KARIYAD, KANNUR. GOVT.PLEADER SMT.R.BINDU. SRI.AUGUSTINE JOSEPH, R5. SRI.ALEXANDER THOMAS, S.C., KPSC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.164 of 2010 ---------------------------------------------- Dated 4th February, 2010. J U D G M E N T Balakrishnan Nair, J. The third writ petitioner is the appellant. She was included in Ext.P1 addendum notification issued by the Public Service Commission(for short, 'PSC'), on 2.3.2009, for appointment to the post of High School Assistant (English), in Malappuram District. Earlier, the PSC published the rank list for the said post, for Malappuram District, on 17.10.2005. Because of the absence of sufficient number of candidates, the main list exhausted on 3.2.2006. Normally, the life of that rank list, if there were sufficient number of candidates in the main list, could have been upto 16.10.2008. So, the candidates who underwent the selection process, approached this Court with the contention that the list published by the PSC is too short and therefore, the PSC may be directed to publish a list which would have sufficient number of candidates, so that it could be operated upto 16.10.2008. The said writ petition and similar writ petitions were disposed of by this Court, by the common judgment in Ajayan v. State of Kerala (2006(3) KLT 854). In obedience to the WA NO.164/2010 2 direction given in the said judgment, Ext.P1 addendum notification was published. The PSC used that rank list, to advise candidates to the vacancies reported between 3.2.2006 and 16.10.2008. In other words, to all the reported vacancies which were pending without advice upto 16.10.2008, candidates were advised from Ext.P1 list. The appellant, along with others, approached this court claiming that as provided in Rule 13 of the Kerala Public Service Commission Rules of Procedure, Ext.P1 rank list should have three years' validity. The learned Single Judge dismissed the writ petition. Hence, this Writ Appeal. 2. The appellant and others contended that by virtue of Rule 13 of the Kerala Public Service Commission Rules of Procedure, the life of Ext.P1 rank list would be for three years from the date of publication, viz., 2.3.2009. But, Ext.P1 being an addendum notification, meant to cure the defect pointed out in Ajayan's case(supra), the said contention was not accepted by the learned Judge. The contentions unsuccessfully canvassed before the learned Single Judge, were urged before us also. The defect in the original rank list, that is, the absence of sufficient number of candidates, was cured by Ext.P1. The purpose of WA NO.164/2010 3 Ext.P1 was only that. Therefore, we find nothing wrong with the view taken by the Public Service Commission, regarding the life and utility of Ext.P1. In the result, there is no merit in this Writ Appeal. It is, accordingly, dismissed. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.164 of 2010 ---------------------------------------------- J U D G M E N T Dated 4th February, 2010.