REMA NAIR Vs. KERALA PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) The petitioner applied for the post of Non-vocational Teacher (English) Senior and after the written test and interview, her name was included in Ext.P1 ranked list. Ext.P1 ranked list was brought into force from 18.6.2007. The period of validity of the list is three years. It would appear that the Government made a proposal to extend the validity period of the ranked list up to 31.5.2011 on account of unification of retirement age. This proposal was made by the letter dated 25.6.2010.

(2.) In the affidavit filed on behalf of the first respondent, it is stated that the Government letter was received in the office of the Public Service Commission on 26.6.2010. The Commission decided to extend the period of validity of the ranked lists which were current as on 28.6.2010, invoking the 5th proviso to Rule 13 of the Kerala Public Service Commission Rules of Procedure. The Commission issued notification in the Gazette dated 14.7.2010 extending the period of validity of the ranked lists that were current on 28.6.2010. It is stated that the Commission has the power to keep alive a ranked list only if it is current. It has no power to keep alive a ranked list which has already expired.

(3.) The relief prayed for by the petitioner is for the issue of a writ of mandamus commanding the second respondent to report the vacancy of Non-vocational Teachers (English) Senior in the Department of Vocational Higher Secondary Education and to direct the Kerala Public Service Commission to make appointment to the said vacancies from Ext.P1 ranked list. In the alternative, there is also a prayer to declare that non-extension of Ext.P1 ranked list is discriminatory and illegal.