PUBLIC SERVICE COMMISSION Vs. PYLO

JUDGEMENT

(1.) THE Kerala Public Service Commission (the "commission)" is the appellant. By a common judgment in O. P. Nos. 8652 of 1984 and 10575 of 1984, the learned judge held that the reasons stated by the Commision for the cancellation of the ranked list dated 5-3-1983 by publication of a subsequent ranked list dated 7-6-1985 was not 'correct'. THE learned judge directed the Commission to treat the earlier ranked list as valid until the completion of three years from the date of its publication, namely, 5-3-1983.

(2.) THE petitioners in the two Original Petitions (the contesting respondents) were persons who had been placed on the first ranked list, but who could not be appointed to the existing vacancies as their ranks were relatively low. On 7-6-1985, the second list was published pursuant to a notification of the Commission dated 3-5-1983. With the publication of the second list, the original list stood cancelled. This is because R. 13 of the kerala Public Service Commission Rules of Procedure provides to that effect.

(3.) THE learned judge, however, held that the reasons stated for the publication of the second list on 7-6-1985 pursuant to the notification of 3-5-1983 were not "correct" in so far as it was unnecessary to publish the same on the ground relied on by the Commission. THE contention of the Commission before the learned judge was that, in view of the fact that a number of persons who had not been placed in the first ranked list were on the point of crossing the maximum age to apply for the post, it was thought necessary and reasonable that a notification followed by a fresh list should be published before they became overaged. THE learned judge held that that purpose could be equally well served by a mere notification calling for applications, but a new list pursuant to the notification was uncalled for to subserve that purpose. THE learned judge, therefore, found that while it was open to the Commission to issue a notification calling for fresh applications and entertain the applications received in response to it, those applications ought to be kept in cold storage until the expiry of three years during which r. 13 permitted the existing list to operate.