JUDGMENT

The appellant herein has filed the instant writ petition (civil), W.P.(C) No.22228/2021 with the following prayers:-

“I. Stay the operation and implementation of the judgment of the learned Single Judge in W.P.(C) No.22228 of 2021 dated

08.11.2021 and the proceedings impugned therein;

II. Issue directions to the 2nd respondent to advice and appoint the appellant as Telephone Operator cum Receptionist Grade-II in the existing vacant post with the 1st respondent, pending disposal of the Writ Appeal.”

2. The learned Single Judge, after hearing both sides has rendered the impugned judgment on 08.11.2021, closing the abovesaid writ petition (civil), W.P.(C) No.22228/2021, on the ground that the action period of the rank list in question has already expired on 22.10.2021 and that the pleadings of the respondent KPSC in their counter affidavit would show that selection process for the NCA vacancies in question has already been initiated. Therefore, in the light of the subsequent developments, it is not feasible to entertain the pleas in the writ petition and accordingly the learned Single Judge has closed the writ petition (civil).

3. It is the abovesaid verdict of the learned Single Judge, in the above writ petition (civil), W.P.(C) No.22228/2021, that is under challenge in this intra-court appeal filed by the unsuccessful writ petitioner under Sec.5(i) of the Kerala High Court Act.

4. Heard Smt.Sreekala Krishnadas, learned counsel appearing for the appellant in the W.A./petitioner in the writ petition (civil), Sri.P.U.Shailajan, learned Standing Counsel for the Kerala State Industrial Development Corporation Ltd. (KSIDC) appearing for R1 in the W.A./R1 in the W.P.(C) and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission (KPSC)

appearing for R2 in the W.A./R2 in the W.P.(C)

5. According to the appellant, she had duly responded to Ext.P1 selection notification dated 31.12.2012 issued by the respondent KPSC for selection to the post of Telephone Operator cum Receptionist Grade II in the KSIDC (1st respondent herein/1st respondent in the W.P.(C)).

6. It appears that the respondent KPSC was not prepared to accept the experience claimed by the appellant as prescribed in the selection notification and she was then constrained to approach this Court by filing W.P.(C) No.8854/2018. Therein the learned Single Judge has rendered Ext.P5 interim order dated 15.03.2018 directing that the 2nd respondent therein (KPSC) shall allow the writ petitioner therein/the writ appellant to participate in the further process of selection to the post of Telephone Operator cum Receptionist Grade II in the KSIDC, as per Ext.P1 therein/Ext.P1 herein. Pursuant thereto she had participated in the selection process and she was also ultimately included in the rank list as per Ext.P6, published by the 2nd respondent KPSC on 23.10.2018 in which the appellant has been duly included as rank No.4 therein. It is also shown therein that she has made the claim for ‘Thiyya’ reservation eligibility community.

7. Ext.P6 rank list dated 23.10.2018 has now expired on

22.10.2021, going by the maximum currency of the life span of the list in view of the provisions contained in Rule 13 of the Kerala Public Service Commission Rules of Procedure. There is no dispute regarding the said aspect that Ext.P6 rank list has already expired on

22.10.2021.

8. The pleadings of the respondent KPSC in their counter affidavit would show that the previous selection for the post of Telephone Operator cum Receptionist Grade II in the KSIDC was duly finalised by the respondent KPSC, by publication of rank list for the first selection as early as on 30.10.2002. That, while working of the rotation in consonance with Rules 14 to 17 of KS & SSR (Part II) it was found that 50% ceiling Rule for reservation has to be maintained and one vacancy instead of otherwise allotted to SC candidate in the turn MR I 4 SC, could not be filled up and will be kept as Temporarily Passed Ov