High Court Kerala High Court

Indulekha B.S vs Kerala Public Service Commission on 16 October, 2008

Kerala High Court
Indulekha B.S vs Kerala Public Service Commission on 16 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18424 of 2008(R)


1. INDULEKHA B.S , AGE 33 YEARS,
                      ...  Petitioner
2. SUJAMOL.M.,AGED 33 YEARS

                        Vs



1. KERALA PUBLIC SERVICE COMMISSION
                       ...       Respondent

2. SECRETARY

3. DISTRICT OFFICER

4. THE DEPUTY DIRECTOR OF EDUCATION

                For Petitioner  :DR.GEORGE ABRAHAM

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/10/2008

 O R D E R
                      ANTONY DOMINIC, J


     ---------------------------------------------------------
           W.P.(C).Nos.18424,18763,18916,19536,
                    20204,20269&25692/08
      --------------------------------------------------------

         Dated this the 16th day of October, 2008



                              JUDGMENT

The issue raised in these writ petitions is regarding

sustainability of the claim of the petitioners for publication

of additional rank lists for the post of HSA(English).

2. It is stated that, on 26.4.2002, a common

notification was issued by the PSC for filling up the post of

HSA (English)in all the Districts in the State. Written tests

were held on 21.10.2004 and shortlists were published

sometime in early 2005. In so far as these writ petitions are

concerned, petitioners are candidates who participated in

the selection process for Kollam, Kozhikode,

Thiruvananthapuram and Kottayam Districts and ranked lists

were published on 20.9.2005,21.10.2005, 8.6.2005 and

WP(c).No.18424/2008 & Ors. 2

30.8.2005 respectively. Similarly, rank lists were also

published in so far as the other Districts in the State are

concerned.

3. During 2005, several writ petitions were filed

before this court seeking orders for publication of

additional ranked lists, for 8 Districts, other than the

aforesaid four Districts and Pathanamthitta and Idukki

Districts. These writ petitions were disposed of by a Division

Bench of this Court in the judgment reported in Ajayan V.

Sate of Kerala (2006(3)KLT 854). The Public Service

Commission challenged the aforesaid judgment before the

Apex Court by filing special leave petitions which were

dismissed by order dated 26.3.2008, on the ground that it

was not maintainable as PSC had no locus standi in the

matter. It is stated that, implementing the said judgment,

shortlists for 8 districts covered by the judgment reported in

Ajayan’s case were published and the steps for the

publication of the additional ranked lists have been taken.

WP(c).No.18424/2008 & Ors. 3

4. Though the judgment reported in Ajayan’s case

was rendered in writ petitions filed in 2005, these present

writ petitions concerning Kollam, Kozhikode,

Thiruvananthapuram and Kottayam Districts were filed in

July, August and September 2008 and relief similar to what

was granted in Ajayan’s case is prayed for.

5. The contention raised is that, the petitioners being

candidates similarly situated like the petitioners who filed

the earlier batch of writ petitions should also get the benefit

of the judgment in Ajayan’s case and that the PSC should

publish additional ranked lists concerning these districts as

well. Counsel for the petitioners claim parity in treatment

relying on the judgments reported in State of Karnataka &

Ors V. C. Lalitha (2006(1) Supreme Today 640),

Somukuttan Nair V. State of Kerala (1997(1)KLT 6901)

and K.T. Veerappa & Ors V. State of Karnataka and

Ors.(2006(9) SCC 406).

WP(c).No.18424/2008 & Ors. 4

6. The standing Counsel for the Public Service

Commission submits that though the SLP filed against the

judgment in Ajayan’s case supra was dismissed, review

petition filed before the Apex Court is pending and that

pending consideration of the review, the judgment has been

implemented in so far as the 8 districts covered by the

judgment are concerned. It is stated that, in so far as other

Districts are concerned, no direction has been issued by this

court and they have not implemented the judgment. It is

stated that fresh notification has been issued for

preparation of ranked lists. It is contended that the

petitioners herein are guilty of delay and laches and that

even for claiming the benefit of the judgment, the conduct

of the party concerned is relevant. They are also heavily

relying on the judgment in Ajayan’s case, where it has

been held as follows;

“Those who have not challenged the list so far,

even if similarly placed, will not be entitled to the

WP(c).No.18424/2008 & Ors. 5

benefits as they have slept over the matter for

years.”

7. It is contended that in so far as the petitioners

herein are concerned, though the final ranked lists were

published way back in 2005, they have slept over their

rights and approached this court belatedly, only in July,

August and September, 2008. According to the PSC for this

reason itself, petitioners have rendered themselves

disentitled to any relief in this writ petition.

8. Public Service Commission would also invite my

attention to the judgment in WP(c).No.20521/2005, filed by

candidates from the Kozhikode District, which was dismissed

by this Court. It is pointed out that this judgment was

confirmed by the Division Bench in W.A.No.1738/2008,

though on the ground of delay. Counsel for the PSC also

referred to me, the judgment of the Full Bench reported in

Sathydevan V. PSC (2008(1) KLT 289), where the Full

Bench has confined the relief granted only to the parties to

WP(c).No.18424/2008 & Ors. 6

the judgment. On this basis, PSC prays for dismissal of the

writ petitions.

9. As already noticed, the judgment reported in

Ajayan’s case was rendered by this court on 13.6.2006 in

writ petitions which were filed in 2005. Admittedly, the

petitioners herein have approached this court only in July,

August and September, 2008. The question is whether by

reason of the delay in filing the writ petitions and asserting

their rights, the petitioners have rendered themselves

disentitled to the relief sought for.

10. In my view, answer has in the judgment in

Ajayan’s case itself by which the earlier round of

litigations were disposed of. In that judgment it has been

held that those who have not challenged the lists so far,

will not be entitled to the benefits as they have slept over

the matter for years.

11. However, the learned counsel for the petitioners

wanted me to understand this finding of the Division Bench

WP(c).No.18424/2008 & Ors. 7

as one applying to the two Homeo Medical Officers’ writ

petitions which were also considered along with the writ

petitions filed by candidates for HSA post. I am not in a

position to restrict the impact of the aforesaid findings in the

manner as canvassed by the counsel for the writ petitioners.

There cannot be a different law of limitation or delay or

laches for Homeo Medical Officers.

12. Even for claiming the benefit of a judgment, the

conduct of the party is relevant and if claim is raised is

belatedly, Court will decline relief. This has been accepted

by the Apex Court in the judgment reported in U.P. Jal

Nigam & Another V. Jaswant Singh & another(2006

(11)SCC 464) and A.P. Steel Re-rolling Mill Ltd. State

of Kerala (2007(2)SCC 725). These judgments were

followed by a Division Bench of this court in State of

Kerala V. Thirumeni(2007(4)KLT 938). In fact that is

also a case where the benefit of previous judgments were

declined on the ground of delay and laches. Therefore,

WP(c).No.18424/2008 & Ors. 8

though the petitioners are similarly situated to the

beneficiaries of the judgment reported in Ajayan’s case,

by reason of delay itself they have rendered themselves

ineligible for the benefits thereof.

13. Learned counsel for the petitioners relied on the

judgment reported in State of Karnataka & Ors V. C.

Lalitha (2006(1) Supreme Today 640) and claimed that if

relief has been granted in respect of a similarly situated

person, the same should be extended to all other persons. A

reading of the judgment shows that, it was rendered in a

case where the seniority was restored to a person,

following a judgment, while the same benefit was declined

to similarly situated persons. It is clear that if seniority is

revised following a judgment, all those who are included in

the seniority list are also eligible for the benefits thereof. In

this case, the law laid down by the Apex court in the

aforesaid judgment can have no relevance especially since

separate ranked lists have been published for each Districts.

WP(c).No.18424/2008 & Ors. 9

In so far as the decision reported in Somukuttan Nair V.

State of Kerala(1997(1) KLT 601) is concerned, this court

only reiterated the settled legal position that once a

general declaration of law is made the same has to be

applied uniformly to all. When appreciated in the context of

the law laid down by the Apex Court that even for claiming

the benefit of the judgment, the conduct of the party is

relevant, I am not in a position to apply the aforesaid

judgment to the facts of these cases at this distance of time

and hold that the petitioners are entitled to the relief in this

writ petition. In my view, the petitioners are guilty of delay

and laches and therefore they are not entitled to relief

sought for. The position canvassed by the standing counsel

for the PSC is supported by the Full Bench decision reported

in Sathydevan V. PSC(2008(1)KLT 289).

Counsel for the petitioners contended that unless

prejudice is caused, delay or laches cannot result in denial

of relief to them. I am not impressed by this submission.

WP(c).No.18424/2008 & Ors. 10

Once the lists were exhausted PSC has already issued

notification for preparing fresh ranked list. If additional

ranked lists are ordered to be published, necessarily there

will be reduction in vacancies available to those who are

offering their candidature in response to the notification

and these candidates are certainly prejudiced.

On an over all consideration of the facts, I am not

satisfied that the petitioners have made out a case for

interference.

Writ Petitions fail and are dismissed.

ANTONY DOMINIC
JUDGE

vi.

WP(c).No.18424/2008 & Ors. 11