JUDGMENT

P.K. BALASUBRAMANYAN, J.—

1.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 normal validity 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.

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 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.Even prior thereto, the Government of Kerala had issued an order banning new appointments in view of the circumstances prevailing in the services in the State. This ban on new appointments was in force