WP(C) No.4178 of 2017

1. The action of the Kerala Public Service Commission (hereinafter referred to as 'PSC'), in denying the benefit of extension of validity period to certain ranked lists, on the ground that those ranked lists were once extended, is under challenge in these writ petitions.

2. The petitioners are candidates who submitted applications for selection and appointment to the post of Mazdoor (Electricity Worker) in the Kerala State Electricity Board (‘Board’ for short), pursuant to Ext.P1 notification published by the PSC, on 31.3.2011, for all the Districts in Kerala. The rank lists Exts.P2 to Ext.P15 were published by PSC on 30.9.2013. The petitioners are persons included in those rank lists.

3. The normal validity period of a rank list published by the PSC is three years. Therefore, the rank lists Exts.P2 to P15 were due to expire on 30.9.2016. While so Government, by its letter dated 23.6.2016, forwarded its decision recommending the PSC to extend the period of validity of the rank lists which were in force for a period of six months or till the publication of a new rank list or till the completion of 4½ years, whichever came earlier. Thereafter, PSC, by Ext.P16 notification published in Kerala gazette extraordinary dated 29.6.2016, issued under the 5th proviso to Rule 13 of Kerala Public Service Commission Rules of Procedure (hereinafter referred to as 'the Rules'), extended the period of validity of all the rank lists which were in force on 30.6.2016 and those due to expire during the period from 30.6.2016 to 30.12.2016 for a period of six months upto 31.12.2016 subject to the following conditions:

i. The ranked lists shall cease to be in force when they complete a period of 4½ years.

ii. The ranked list shall cease to be in force on the date on which a fresh ranked list for the same post is brought into force.

iii. This shall not be applicable in respect of ranked lists for posts which involve training in the uniformed forces and ranked lists of candidates for admission to trainee course that lead to automatic appointment to services or posts.

4. Thereafter, on 29.12.2016, the Government again addressed the PSC as per Ext.P7 letter recommending extension of the rank lists which were not granted extension and which were due to expire by 31.3.2017, up to 30.6.2017. On the basis of Ext.P17 recommendation of the Government, PSC issued another notification Ext.P18 on 30.12.2016 keeping alive the rank lists which were due to expire as on 31.12.2016, for a further period of six months i.e, up to 30.6.2017, on the following conditions:

1. This extension will not be applicable to those ranked lists whose validity period have already been extended by virtue of the notification No. AV(2)4182/02/GW dated 29th June 2016 and expire on 31.12.2016.

2. The ranked list shall cease to be in force on the date on which a fresh ranked list for the same post is brought into force.

3. This shall not be applicable in respect of ranked lists for posts which involve training in the uniformed forces and ranked lists of candidates for admission to training courses that lead to automatic appointment to services or posts.

5. The petitioners are aggrieved by condition No.1 in Ext.P18, by which they could not enjoy the benefit of extension for the reason that their ranked lists had got extension for a period of 3 months from 29.09.2016 upto 31.12.2016 on the basis of Ext.P16 notification. Petitioners challenge this condition alleging that the same is arbitrary and discriminatory.

6. The petitioners pointed out that on the basis of the extension ordered in Ext.P16, the benefit of extension for their ranked list was only for a period of three months. Their ranked lists expired on 31.12.2016 on completion of three years and three months. It is also pointed out that the post of Electricity Worker/mazdoor is one for which the educational qualification prescribed is the minimum and thus the candidates like the petitioners in the ranked lists for t