The appellants challenge the judgment dated 1.7.2002 in O.P.No. 17143 of 2002 which was dismissed by the learned Single Judge. The appellants are the petitioners in the said Original Petition.

2. The only contention urged by Mr. Elvin Peter, learned counsel for the appellants is that the learned Single Judge dismissed the Original Petition in view of the decision of a Division Bench of this Court in Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604 which according to the learned counsel has not laid down the correct law. It is contended that the said decision requires reconsideration.

3. Having heard the learned counsel for the appellants and the learned counsel for the Public Service Commission and having considered the submissions made by the learned counsel for the parties and the averments raised in the appeal memorandum, we are not inclined to take a view different from the view taken by the Division Bench in Kerala Public Service Commission v. Shanil Kumar, 2002 (1) KLT 604.

4. The contention of the appellants is that non-joining duty vacancies which are reported to the Public Service Commission after the expiry of the life of the ranked list should