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 due to non-joining, the vacancies remain and hence Public Service Commission should advice candidates to unfilled vacancies.

4. Kerala Public Service Commission has formulated the Rules of Procedure in exercise of the powers under Article 320 of the Constitution of India. Though these Rules are not statutory rules, they are being followed by the Public Service Commission in respect of preparation of rank list and issuance of advice memos. Rule 14 of the Rules is relevant to be noted for the purpose of this case which reads as follows:

"14. The Commission shall advise candidates for all the vacancies reported and pending before them and the vacancies which may be reported to them for the period during which the ranked lists are kept alive in the order of priority, if any, and in the order of merit subject to the rules of reservation and rotation, wherever they are applicable.

Provided that the advice of candidates by the Commission from the ranked lists kept alive under the fifth proviso to Rule 13, shall be confined to the vacancies that actually arose during the normal period of validity of the ranked lists under 13 and certified to be as such by the appointing authorities reporting vacancies to the Public Service Commission".

The aforementioned provisions would show that Commission shall advise candidates for all vacancies for the period during which the rank lists are kept alive in the order of priority. During the currency of the rank list Commission shall advise candidates for all vacancies reported and pending before them and vacancies which may be reported to them for the period during which rank list was kept alive. The above mentioned rule does not empower the Public Service Commission to advise any candidate after the expiry of the rank list if requisition is not received befor the expiry of the rank list. If there is a non-joining duty vacancy occured during the currency of the rank list, unless and until the same is reported, it cannot be said that the said vacancy is pending before the Public Service Commission during the currency of the rank list.

5. Public Service Commission is unaware whether a person has joined duty or not. This is a matter entirely within the knowledge of the appointing authority. Appointing authority has to intimate the Public Service Commission with regard to the non-joining duty vacancy during the currency of the rank list. Contention was raised that when a vacancy is reported followed by the advice of the Public Service Commission and if the candidate is not joining duty that vacancy is still open and not extinguished and therefore Public Service Commission is bound to advise candidates even after the expiry of the rank list.

6. We are afraid the above contention cannot be accepted. We are of the view even if vacanc