K P VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) PURSUANT to a notification inviting applications for selection to the post of Junior Health Inspector, Grade II in Kerala Municipal Common service issued by the Public Service Commission, the petitioners also applied and they were included in the rank list which came into force on 8.10.2001. The petitioners along with others filed W.P(C) No. 11174/2004 seeking reporting of vacancies. Ultimately, it was closed. Although the petitioners tried a review petition, by Ext. P3 order, the same was also dismissed in view of the expiry of the list on 31.12.2004. Subsequently, the Public Service Commission prepared another rank list and advice and appointments were made from that list also. Later on, the petitioners came to know that even prior to the expiry of the list on 31.12.2004, there were 16 vacancies, out of which only 6 were reported to the Public Service Commission. They have obtained Ext. P4 by resorting to proceedings under the Right to Information Act in respect thereof. Now, based on Ext. P4, the petitioners have filed this writ petition contending that since prior to the expiry of the list on 31.12.2004 there were vacancies which ought to have been reported, the petitioner should be advised from the list which expired on 31.12.2004. The petitioners seek the following reliefs:

(2.) I have heard the learned Government Pleader and the standing counsel for the Public Service Commission. I am of opinion that the petitioners contentions cannot be countenanced at this point of time. First of all, a Full Bench of this Court has, in Vimala Kumari v. State, 1994(2) KLT 47 (F.B) held that no advice can be made to vacancies reported subsequent to the expiry of the rank list prepared by the Public Service Commission. Even apart from that, it is too late in the day for the petitioners to approach this Court seeking advice from a list which expired 6 years ago. In the above circumstances, I am not inclined to entertain this writ petition and accordingly, the same is dismissed.