IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1738 of 2008()
1. DR.VENU KUMAR.K., PLAVILA VEEDU,
... Petitioner
2. DR.K.R.SALINA, LAKSHMI BHAVAN,
3. DR.LAWRENCE LOTUS, KOCHIKKARAN HOUSE,
4. DR.N.ASHADEVI, KOHINOOR HOUSE,
Vs
1. KERALA PUBLIC SERVICE COMMISSION
... Respondent
2. THE SECRETARY, KERALA PUBLIC SERVICE
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :20/08/2008
O R D E R
J.B.KOSHY & THOMAS P. JOSEPH, JJ.
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W.A.NO.1738 OF 2008 ()
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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.
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M.F.A.NO. OF 2006 ()
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J U D G M E N T
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4th August, 2008