IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 4^TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WP(C) NO. 15017 OF 2021 PETITIONER/S:

1 RASHEEDA.T.S AGED 42 YEARS D/O. LATE T.A MOHAMMAD SHAFI, RESIDING AT ERIYAD, KODUNGALLUR THRISSUR, 680 666 (REGISTRATION NO. 113956 AND RANK NO. 20)

2 BHAVYA K AGED 40 YEARS, D/O. C. KUNJIRAMAN, RESIDING AT PONNATH HOUSE, RAPPAI, PUDUKKAD P.O, THRISSUR

680 301(REGISTRATION NO. 115190 AND RANK NO 317)

3 HIMA K.V AGED 39 YEARS, D/O. K.R VENU, RESIDING AT MURIYAD, IRINJALAKUDA, THRISSUR 680 683 (REGISTRATION NO. 115073 AND RANK NO. 318)

4 VARSHA E.S AGED 29 YEARS, D/O. SURENDRAN E.V, ERIYAKADAN HOUSE, NANDIPULAM P.O, THRISSUR 680 312 (REGISTRATION NO. 116566 AND RANK NO. 435)

BY ADVS.

S.SABARINADH INDULEKHA JOSEPH RESPONDENT/S:

1 STATE OF KERALA REPRESENTED THROUGH ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

2 KERALA PUBLIC SERVICE COMMISSION THULASI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004 REPRESENTED BY ITS SECRETARY BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC OTHER PRESENT: GP VENUGOPAL V THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.02.2022, THE COURT ON 04.03.2022 DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 04^th day of March, 2022 The petitioners had applied for the post of Assistant Salesman, Thrissur (Category 222/2015) in Kerala State Civil Supplies Corporation Limited, pursuant to Ext.P1 notification of the Public Service Commission (PSC). They are included in Ext.P2 rank list at rank Nos.20 (Muslim Supplementary list), 317, 318 and 435 respectively. As per the averments in the writ petition, no advice was made from Ext.P2 rank list between the period 05.08.2018 to 09.05.2019. A little while later, the pandemic struck and a nation wide lock down was imposed on 24.03.2020, bringing all activities, including appointment of rank listed candidates, to a standstill. Taking this unprecedented situation into consideration, the validity period of the rank lists, due to expire between 20.3.2020 and 18.06.2020 was extended for a period of three months by Ext.P4 order. As revealed from Ext.P4, the reason for extending the rank list was the inability of various Government offices to report vacancies on time. As the situation persisted, the Government recommended for extending the validity period of rank lists, that were to expire between 03.02.2021 to 02.08.2021 up to 03.08.2021,or as per the decisions of the PSC. Accordingly, the Commission extended the validity period of the ranked lists that were to expire between 05.02.2021 to 03.08.2021, up to 04.08.2021. The petitioners' grievance is that the benefit of extension, insofar as Ext.P2 rank list is concerned, is only for 1½ months, as, even otherwise, the list was valid up to 19.06.2021. On the contrary, the rank lists that were to expire on 05.02.2021 or immediately thereafter, got the benefit of extension by almost 6 months. The petitioners therefore submitted Ext.P8 representation, seeking the PSC to extend the validity of Ext.P2 rank list by a period of one year from 04.08.2021, exercising its powers under Rule 40 and proviso 5 of Rule 13 of the Public Service Commission Rules of Procedure. The respondents having failed to consider their request, petitioners have approached this Court seeking the following reliefs;

“i. Declare that the impact of Covid 19 situation upon Exhibit P2 Rank list is an extraordinary circumstance, warranting interference under Rule 40 and 5^th proviso of Rule 13 of PSC Rules; and ii. Declare that, the period of extension of Rank Lists on the basis of Covid 19 pandemic must be extended equally to all Rank holders without any discrimination and therefore petitioners are also entitled for an extension of 6½ months, and further iii. Declare that, Exhibit P2 Rank List, shall remain valid for a period of 12 months from 04.08.2021, in light of revelations in Exhibit P3, P4 & P5; and iv. Issue a writ, order or direction in the nature of Mandam