Radhakrishnan, J.

The question that has come up for consideration in these cases is whether Public Service Commission is obliged to advice candidates for Non-joining duty vacancies even after the expiry of the rank list.

2. Learned single judge took the view that since vacancies were reported during the currency of the rank list, those vacancies still remain and not extinguished and therefore Public Service Commission could advice candidates for appointment even after the expiry of the rank list. Counsel appearing for the Public Service Commission took exception to the said reasoning placing reliance on several decisions of Division Bench of this court particularly the decisions in Vimalakumari v. Public Service Commission (1994 (2) KLT 97 ), Babu v. State (1996 (1) KLT 349), Balakrishnan v. P.S.C. 1994 (1) KLT 490 and Benoy v. P.S.C. 1997 (2) KLT 492 etc.

3. Counsel for the contesting respondents placed reliance on the decision of a Division Bench of this court in Narayanan v. State of Kerala (1981 KLT 321) and Indian Bank v. Jayasree (1982 (2) KLT 464 ) and also Mariyakutty v. Municipal Commissioner (1975 SLR 188 ) and contended that since vacancies never extinguished du