SHASHUL HAMEED Vs. PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioners are included in a ranked list for the post of Lower Division Clerk in various Departments in Kannur District. It came into force on 1.4.2006. They are ranked as supplemental 57 (Muslim) and supplemental 59 (Muslim) respectively in Ext. P1. Contending that even before the expiry of the ranked list on 31.3.2009, the Public Service Commission has issued a fresh notification, the petitioners have approached this Court seeking to issue appropriate direction to the respondents to issue advice memos to the candidates in Ext.P1 ranked list against vacancies of Lower Division Clerks in various departments in Kannur District with respect to the vacancies which are reported and pending after 31.12,2008 and before the actual publication of the new ranked list.

(2.) It is pointed out by the learned Counsel for the petitioners that as per Ext.P2 interim order in Writ Petition No. 37503/2008, directions were issued to report available vacancies of L.D.C. in various departments so as to reach the office of the Public Service Commission on or before 30-12-2008. It was on the premise that a new rank list will come into force on 1.1.2009 which did not materialize. It is therefore contended that vacancies which have arisen between 31.12.2008 and till the actual publication of the new ranked list, should be filled up from Ext P1. Reliance is placed on Rule 13 of the Public Service Commission Rules of Procedure. The crux of the argument is that mere preparation of a new ranked list does not amount to any publication under the said rule.

(3.) The Public Service Commission has filed an affidavit contending that the ranked list for the post of Lower Division Clerk for Kannur District was brought into force with effect from 1.1.2009 as per notification dated 31.12.2008. A copy of the same has been produced as Ext.R1. In Ext.R1 dated 31.12.2008 it is mentioned that the ranked list will be in force with effect from 1.1.2009.