RATHEESH J.B. Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The above OP (KAT) is filed by the original applicant before the Tribunal challenging the dismissal of the original application filed for a declaration that Annexure-A1 rank list will continue to be in force till the publication of the new ranked list, after 30/6/2020 or till the expiry of three years from the date of publication of the ranked list whichever is earlier and for a consequential direction to the Kerala Public Service Commission ('KPSC' for short) to advise from the said rank list.

(2.) The applicants were included in Annexure -A1 ranked list for the post of Police Constable (Armed Police Battalion) (KAP-III) of the Pathanamthitta District which was brought into force on 1/7/2019 pursuant to Annexure A2 notification dtd. 30/10/2017 issued by the KPSC. The applicants contended that since the notification is for appointment to the post of Civil Police Officer and not for any training course, the first proviso to Rule 13 of the KPSC Rules of Procedure, 1976 is applicable and the validity of the ranked list is to be determined with reference to the said Rule, and therefore, Annexure ' A1 ranked list will remain valid up to 30/6/2020 and all the vacancies which arose during that time, has to be filled up from the said list. This was resisted by the respondents contending that when the notification itself prescribed the period of validity of the rank list and that by a Government Order dtd. 16/1/2013, 'inservice training' in Annexure-A18 Order has been corrected as 'pre-service training', the applicants argument that the training is an service one is misplaced. It was further contended that since there was no challenge to the notification, the applicants were bound by the clause therein that prescribed a validity period of one year for the ranked list.

(3.) The Tribunal after considering the rival contentions found that though the applicants raised an arguable question as to whether the training in the instant case is one after entry into service or not, the prayers sought for in the Original Application cannot be granted as Annexure A2 notification specifically stated that the ranked list shall cease to be in force after the expiry of one year from the date of its finalisation and, therefore, the candidates who responded to Annexure A2 notification were well aware of the same even while making the application. The application with such a provision is not challenged and in the absence of challenge to the same, the declaration that was sought for in the Original application cannot be granted. The Tribunal further found that the declaration was sought after the expiry of the rank list and on these grounds the Original Application was dismissed. It is the said order that is challenged before us.