K.THULASEEDHARAN versus THE KERALA STATE PUBLIC SERVICE COMMISSION, TRLVANDRUM AND ORS.

Citation: [2007] 5 S.C.R. 1042 · Decided: 30-04-2007 · Supreme Court of India · Bench: C.K. THAKKER · Disposal: Dismissed

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Judgment (excerpt)

A
K.THULASEEDHARAN
-1..
.:.
v.
THE KERALA STA TE PUBLIC SERVICE COMMISSION, TRlV ANDRUM
AND ORS.
B
APRIL 30, 2007
[C.K. THAKKER AND P.K. BALASUBRAMANYAN, JJ.]
Service Law:
c
Kera/a Public Service Commission Rules of procedure; Rule I 3 proviso
5-Appointment to the post of Oversear Gradell-Ranked list-Extension of
validity of the time expired list by the Public Service Commission in exercise
of power under 5th proviso to R. I 3 could be exercised only in case of a
ranked list which is subsisting and it cannot be made use of to revalidate
D a time expired list.
The question which arose for determination in these appeals was as to
weather the public service commission in exercise of power under the 5th
1
Proviso to Rule 13 of the Kerala Public Service Commission Rules of
Procedure could extend the validity of the ranked list after its expiry.
E
Appellants contended that the stand adopted by the Public Service
Commission in the case on hand that it had no power to extend the validity of
a ranked list that had expired was not correct and was inconsistent with its
own stand in other cases; and that it was not open to the Commission to adopt
F
an inconsistent stand just to defeat the claim of the appellant.
"i
Dismissing the appeals, the Court
HELD: 1.1. 5th proviso to Rule 13 of the Kerala Public Service
Commission Rules of Procedure Rules relied upon clearly gives an indication
G
that the power available thereunder could be exercised only in the case of a
ranked list which is still subsisting or the life of which is still continuing.
The words " the Commission shall have the power to keep alive the Ranked
"' .
Lists which are normally due to expire during the said period" clearly show
that it is a question of keeping alive until a future date, of a live list, the term
of which is to expire shortly. The power under the said proviso to Rule 13 of
H
1042
.
;.
K. THULASEEDHARAN 1•. KERA.LA STATE PUBLIC SERVICE COMMISSION, TRl\'ANDRUM IBALASUBRAMANYAN, J.J l 043
the Rules cannot be made use ofto revalidate a time expired ranked list.
A
(Para 10[
1.2. There is no justification in interfering with the decision of the High
Court since by the time the notification extending the validity of the lists was
issued, the validity of the list in question had expired and the same could not
be revived in alleged exercise of power under the 5th proviso to Rule 13 of B
the Rules. [Para 10] (1046-E-F]
[The Court observed that the Public Service Commission is a
constitutional body and it is expected to act even handedly and strictly in
accordance with law. When the 5th proviso to Rule 13 of the Rules gives it
only a power to extend the validity of lists for the periods referred to therein C
in the circumstances indicated therein, it has only the power to keep alive a
ranked list which is still current on the day the decision is taken and not
revive and keep alive a ranked list which had already expired.
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2258 of2007.
D
From the Final Judgment and Order dated 02.08.2004 of the High Court
of Kerala at Emakulam in W.A. No. 1341 of 2004.
WITH
C.A. Nos. 2259 of2260 of2007.
C.S. Rajan, A. Raghunath and C.K. Sasi for the Appellant.
Vipin Nair, P.B. Suresh, (for Temple Law Firm), G. Prakash, Beena Prakash
and M.T. George for the Respondents.
The Judgment of the Court was delivered by
P. K BALASUBRAMANY AN, J. I. Leave granted.
2. Heard counsel on both sides.
3. The appellants in this appeal were included in a ranked list for
appointment to the post of Overseer Grade-II in the Public Works and Irrigation
Departments. The ranked list was published on 31.3.2001. Its nonnal validity
E
F
G
was one year. But if no new list was prepared, its validity extended to three
years. No new list was prepared. Therefore, the list was operative till 31.3.2004. H
1044
SUPREME COURT REPORTS
[2007) 5 S.C.R.
A
4. In the list prepared, diploma holders were not included on the ground
that they possessed a qualification higher than the one required. The diploma
holders filed writ petitions in the High Court seeking the issue of a writ of
mandamus directing the Kerala Public Service Commission to include them in
the ranked list. On 18.2.2003, the High Court allowed the writ petitions and
B directed that the ranked list be recast including the diploma holders also. This
caused some delay in the operation of the list prepared on 31.3.2001.
5

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