IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WA.No. 1738 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23405/2008 Dated 05/08/2008 .................... APPELLANT: PETITIONERS: ----------------------- 1. DR.VENU KUMAR.K., PLAVILA VEEDU, KARAKULAM P.O., THIRUVANANTHAPURAM-64. 2. DR.K.R.SALINA, LAKSHMI BHAVAN, POONCODU, BHAGAVATHINADA P.O., BALARAMAPURAM, THIRUVANANTHAPURAM. 3. DR.LAWRENCE LOTUS, KOCHIKKARAN HOUSE, CHETTIKAD, PATHIRAPPALLY P.O., ALAPPUZHA. 4. DR.N.ASHADEVI, KOHINOOR HOUSE, MUTTADA P.O., THIRUVANANTHAPURAM -25. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) RESPONDENTS: RESPONDENTS: ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION (K.P.S.C IN SHORT), REPRESENTED BY ITS SECRETARY, P.S.C OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. BY SRI. ALEXANDER THOMAS, SC, PSC. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & THOMAS P. JOSEPH, JJ. ------------------------------- W.A.NO.1738 OF 2008 () ----------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T KOSHY,J. Petitioners have appeared for the examination conducted by the Public Service Commission for selection to the post of Medical Officer (Homeo) in the Homeopathy Department. Rank list was published with effect from 15.3.2004. Few candidates approached this Court initially on publishing the rank list stating that the number of persons shortlisted is less than the number required. This Court by Ext.P4 judgment (Ajayan v. State of Kerala (2006 (3) KLT 854) directed the Public Service Commission that when the list is prepared, sufficient number of persons should be shortlisted. While shortlisting the candidates as observed by the Supreme Court in State of Punjab and others v. Manjit Singh and others (AIR 2003 SC 4580), number of vacancies that may occur during the currency of the list should be considered. A direction was also given to publish the additional list and advise candidates for the vacancies reported during the W.A.1738/08 2 currency of the list. Accordingly, the PSC has given appointments to some other candidates. Contention of the petitioners is that they were also entitled to be shortlisted but they filed the writ petition only after the expiry of the rank list. Ext.P4 judgment (Ajayan's case (supra) was passed in July 2006. The above judgment was reported also. In the above case, it was also held that those who have not challenged the list till that date will not be entitled to get the benefits as they have slept over the matter for years. But they moved this Court only after the dismissal of the Special Leave Civil Appeal filed by the PSC before the Supreme Court (Ext.P5) much after the expiry of the rank list in 2008. Petitioners were sleeping and therefore, they are guilty of latches. After the expiry of the rank list, their case cannot be considered. We agree fully with the reasonings of the learned Single Judge. Hence, we dismiss the writ appeal. J.B.KOSHY, JUDGE THOMAS P. JOSEPH, JUDGE prp W.A.1738/08 3 J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008