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2019 Supreme(Ker) 88

P.R.RAMACHANDRA MENON, DEVAN RAMACHANDRAN, N.ANIL KUMAR
Unnikrishnan Nair G. S. – Appellant
Versus
State of Kerala Represented By Secretary To Government, Home Department – Respondent


Advocates Appeared:
For the Petitioner: Sri. Elvin Peter P.J., Sri.K.R.Ganesh, Sri.T.G.Sunil (Pranavam), Advs.
For the Respondent: Sri.K.Jaju Babu (Sr.), Smt.M.U.Vijayalakshmi, Sri.Brijesh Mohan, Sri.P.C.Sasidharan, Sri.S.Sujin, Advs., Sri.Aravindakumar Babu, Govt. Pleader

JUDGMENT :

Devan Ramachandran, J.

Our opinion in this judgment is consequent to and in response to a reference made by a Division Bench of this Court which, inter alia, is seen doubting the ratio in an earlier judgment of another Division Bench in Kerala Public Service Commission v. Dr. Kesavankutty Nair (1977 KLT 818).

2. Before we tread forward, we must record that though the Reference Order appears to have been impelled on account of an apparent suspicion that Dr.Kesavankutty Nair (supra) does not lay down the law correctly, the real issue in these cases is whether the expiry date of a Rank List, prepared by the Kerala Public Service Commission ('the PSC' for brevity), would obtain postponement on account of litigation, pending against its validity, for a period beyond the termination of such litigations; particularly when interdictory orders are issued by courts against the operation of such list. From the Reference Order, the learned Division Bench appears to feel so, but has stopped short of declaring it, noticing Dr.Kesavankutty Nair (supra), which avouches that no candidate can claim a legally enforceable right to be appointed to a particular post merely on the strength of his






















































































































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