The petitioners are included in a ranked list for the post of Lower Division Clerk in various Departments in Kannur District. It came into force on 4.2006. They are ranked as supplemental 57 (Muslim) and supplemental 59 (Muslim) respectively in Ext.P1. Contending that even before the expiry of the ranked list on 33.2009, the Public Service Commission has issued a fresh notification, the petitioners have approached this court seeking to issue appropriate direction to the respondents to issue advice memos to the candidates in Ext.P1 ranked list against vacancies of Lower Division Clerks in various departments in Kannur District with respect to the vacancies which are reported and pending after 312.2008 and before the actual publication of the new ranked list.

2. It is pointed out by the learned counsel for the petitioners that as per Ext.P2 interim order in Writ Petition No.37503/2008, directions were issued to report available vacancies of L.D.C. in various departments so as to reach the office of the Public Service Commission on or before 30.12.2008. It was on the premise that a new rank list will come into force on 1.2009 which did not materialize. It is therefore contended that vacancies which have arisen between 312.2008 and till the actual publication of the new ranked list, should be filled up from Ext.P1. Reliance is placed on R. 13 of the Public Service Commission Rules of Procedure. The crux of the argument is that mere preparation of a new ranked list does not amount to any publication under the said rule.

3. ThePublic Service Commission has filed an affidavit contending that the ranked list for the post of Lower Division Clerk for Kannur District was brought into force with effect from 1.2009 as per notification dated 312.2008. A copy of the same has been produced as Ext.R1. In Ext.R1 dated 312.2008 it is mentioned that the ranked list will be in force with effect from 1.2009.

4. Heard learned counsel for the petitioners and learned Standing Counsel for the Public Service Commission. Relevant rules which have to be considered are Rr.13 and 15 of the Kerala Public Service Commission Rules of Procedure. The main part of R.13 is reproduced below:

"13. The ranked lists published by the Commission shall remain in force for a period of one year from the date on which it was brought into force provided that the said list will continue to be in force till the publication of a new list after the expiry of the minimum period of one year or till the expiry of three years whichever is earlier."

R.15 is also extracted hereunder for convenience;

"15. The ranked lists prepared by the Commission shall in the first instance be published in such manner as the Commission may deem fit and thereafter they shall also be published in the Gazette and the ranked list shall be deemed to have come into force from the date of finalisation of the lists as indicated in the lists. The advice lists of candidates for appointment shall be published in the Gazette from time to time but such lists shall be deemed to have come into force from the date shown in the advice letter of the Commission. The candidates advised for appointment shall also be informed of such advice by the Commission.”

Learned counsel for the petitioners emphasized the fact that in R.13 it is specified that the ranked list will continue to be in force till the publication of the new list. The word "publication" should thus get maximum emphasis and if that be so, any publication known to law will alone be relevant and only from the date of publication in the gazette or by any known and approved method alone the same can be made. Reliance, is placed on the decision of the Apex Court in State of M.P. v. Ram Regubir Prasad (AIR 1979 SC 888). It is therefore submitted that Ext.R1 which did not come into force on 1.2009 by any such publication, cannot be relied upon.

5. It is profitable to read R.15 to consider the effect of R.13. The Commission is enabled to publish the ranke