ARCHANA T BALAN vs STATE OF KERALA

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“C.R”
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TH
THURSDAY, THE 8 DAY OF OCTOBER 2026 / 16TH ASWINA, 1948
WP(C) NO. 21889 OF 2026
PETITIONERS:
1 ARCHANA T BALAN
AGED 43 YEARS
D/O BALACHANDRAN M. G, MOLUTHARA SYAMALAYAM,
CHEENKALTHADOM P. O, MALAYALAPUZHA (PART),
CHENGALTHADOM, PATHANAMTHITTA, KERALA, PIN -
689671
2 AKHILA P
AGED 32 YEARS
D/O BALAKRISHNAN VAISAKHAM PARIPPRA, PERINGALA P
O, KAYAMKULAM, PERUNGALA, ALAPPUZHA, PERUNGALA,
KERALA, PIN - 690559
3 ANUPAMA J
AGED 37 YEARS
TO C/O MADHU, ANJENEYAM, KURUPPANKULANGARA PO.
CHERTHALA SOUTH. PO, CHERTHALA, ALAPPUZHA,, PIN -
688539
4 GREESHMA R,
AGED 30 YEARS
D/O: REMA B, RESHMA BHAVAN MANGOTTUKONAM,
KULATHUMMAL KATTAKADA, THIRUVANANTHAPURAM KERALA,
PIN - 695572
5 ANAGHA ASHOKAN
AGED 31 YEARS
C/O: HAREESH MK, MATTATHIL HOUSE, ENANALLOOR P. O,

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KADUMPIDY, ENANALLOOR, ERNAKULAM, KERALA, PIN -
686673
6 HARSHA MOHAN
AGED 37 YEARS
C/O: SUJITH S, PALAKULATHU, PARIYARAM P.O,
PUTHUPPALLY, VAIKOM, KOTTAYAM DISTRICT,KERALA, PIN
- 686021
7 ANILA RAJ
AGED 36 YEARS
C/O: ANANTHAKRISHNAN S, SIVASAILAM, S N PURAM PO,
KOOROPPADA, KOTTAYAM, KERALA, PIN - 686502
8 ANUSHA N
AGED 40 YEARS
C/O: SREEJITH KUMAR S, KUNNUMPURATHU, NEDUMKUNNAM,
PO: NEDUMKUNNAM, CHANGANASSERY, KOTTAYAM DISTRICT,
KERALA, PIN - 686542
9 VISHNU K. P
AGED 35 YEARS
S/O PRAKASAN KK, KANIYAMPARAMBIL HOUSE, KALLARA
SOUTH PO, KALLARA, KOTTAYAM, KALLARA SOUTH,
KERALA, PIN - 686611
10 RAHMATH V. A
AGED 37 YEARS
W/O MUNEER PA, PALAKKATTUKUZHI HOUSE, VENGOLA
WEST, ARAKAPADY, ERNAKULAM, KERALA, PIN - 683556
11 UNNIKRISHNA MENON
AGED 35 YEARS
S/O MURALEEDHARAMENON, KOCHUKATTUNGAL, M O WARD,
ALAPPUZHA, ALAPPUZHA MUNICIPALITY, ALAPPUZHA,
KERALA, PIN - 688001
12 HELNA K. A
AGED 41 YEARS
D/O: APPUKUTTAN KK, KARUMATHIL HOUSE, VENKITANGU,
THRISSUR, KERALA, PIN - 680510
13 SHIBIN T. P

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AGED 28 YEARS
S/O T N PURUSHAN, THOTTATHUSSERI, MUHAMMA PO, NEAR
KANNADIKAVALA ROAD, THANNEERMUKKOM SOUTH, MUHAMMA,
ALAPPUZHA, KERALA, PIN - 688525
14 VEENA T. M
AGED 34 YEARS
W/O EASWAR UNNIKRISHNAN E G, GURUSREE EASWAR
NIVAS, ENCHOOR MANA, THRIKKARIYOOR, THRIKKARIYOOR
(PART), THRIKKARIYOOR, ERNAKULAM, KERALA, PIN -
686692
15 FATHIMA SURUMY
AGED 40 YEARS
D/O A. E NAZIRUDEEN, NAIMANAPARAMBU, PRIYADARSHINI
ROAD, NETTOOR P O, NETTOOR S.O, ERNAKULAM
DISTRICT, KERALA, PIN - 682040
16 SONY MANOJ
AGED 32 YEARS
W/O: MANOJ T, THURUTHIKAIPPILLIKUDI, EDATHALA,
ALUVA, ALUVA EAST, ERNAKULAM, KERALA, PIN - 683561
17 NISHA C. V,
AGED 43 YEARS
W/O KISHORE, THALAPPILLY, CHERAI, PO: CHERAI,
PARAVUR, ERNAKULAM DISTRICT:, KERALA, PIN - 683514
18 RANJITH P. R
AGED 37 YEARS
S/O RAMACHANDRAN P R, POOWANAM HOUSE, NELLUVAYA P.
O ERUMAPETTY. NELLUVAYA. THRISSUR DISTRICT,
KERALA, PIN - 680584
19 PREEMA P. A,
AGED 41 YEARS
D/O APPU PERUMPADAPPU HOUSE VELLANI MANAVALASSERY
THANISSERY, MUKUNDAPURAM, THRISSUR, KERALA, PIN -
680701
20 SARITHA K. R
AGED 43 YEARS
C/O PRASHI MG, MANIKKATH HOUSE, ANTHIKAD,

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ANTHICAD, P.O ,THRISSUR DISTRICT, KERALA, PIN -
680641
21 AMAL K. H,
AGED 29 YEARS
KUZHIKKAT HOUSE, ERIYAD, KODUNGALLUR, AZHIKODE,
THRISSUR, KERALA, PIN - 680666
22 DHANYA M. V,
AGED 43 YEARS
C/O: BACHU R KRISHNA, PUZHIKUTH HOUSE,
VALIYALUKKAL TEMPLE SOUTH ROAD, NEAR VALIYALUKKAL
BHAGAVATHI TEMPLE, KANIMANGALAM PO, KANIMANGALAM,
THRISSUR DISTRICT,KERALA, PIN - 680027
23 VEENA K THAMBIRAJ
AGED 43 YEARS
C/O: SHANOD K S, KALATHIL HOUSE, KANDANASSERY PO
KANDANASSERY, ANYANNUR TALAPPILLY ,THRISSUR
DISTRICT, KERALA, PIN - 680102
24 SOUMYA V.P
AGED 39 YEARS
C/O AJITH ACHUTHAN, SEETHAVILASAM, PULPALLY,
PULPALLY, P. O, WAYANAD DISTRICT, KERALA, PIN -
673579
25 AMRUTHA P.R
AGED 33 YEARS
D/O A. K SASIDHARAN, KUNNABETH VEASALA, MANIYOOR,
KANNUR, KERALA, PIN - 670592
26 MANJU K.V
AGED 38 YEARS
W/O: VIJAYAN, MANKULAM PARAMBIL, NEERVARAM,
PANAMARAM, P.O NIRVARAM MANANTHAVADY,WAYANAD
DISTRICT, KERALA, PIN – 670721
27 SARANYA V. P
AGED 37 YEARS
NELLIKKOOL, MULAMBATH, KAKKATTIL, NARIPPATTA, PO:
MULLAMBATH, KOZHIKODE DISTRICT, PIN - 673507

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28 SAJEESH P. T
AGED 42 YEARS
S/O NANU, POOVULLA THAREMMAL, CHUZHALI, VALAYAM,
VANIMEL, CHUZHALI KOZHIKODE, VADAKARA, KERALA, PIN
- 673517
29 ANU KRISHNAN R
AGED 35 YEARS
S/O RAGHAVAN K.P, KOORAPPURATH, IYYAD P.O
SIVAPURAM, KOZHIKODE, KERALA, PIN - 673574
30 JITHIN K, S,
AGED 33 YEARS
S/O SREENIVASAN, KARATTU HOUSE, MUKKAM
KUMARANELLORE P.O KUMARANELLORE VILLAGE
KUMARANELLORE, KOZHIKODE, KERALA, PIN - 673602
31 AYANA P,
AGED 34 YEARS
D/O DAYANANDAN P, PUTHIYOTTIL HOUSE,
KANDAMKULANGARA, ERANHIKKAL P.O, ELATHUR,
KOZHIKODE, KERALA, PIN - 673303
32 NIKHIL THOMAS,
AGED 35 YEARS
C/O THOMAS O V, ORAPUZHIKKAL, MORANI, ALAKODE P O,
ALAKODE, KANNUR DISTRICT,KERALA, PIN - 670571
33 DIJESH K.V
AGED 35 YEARS
S/O C V DAMODARAN, CHELORA, VAYAKKARA,
SREEKANDAPURAM, SREEKANDAPURAM, KANNUR,
KAITHAPRAM, KERALA, PIN - 670631
34 SHIMNA V.K,
AGED 39 YEARS
W/O SUDHEER C M, SANTHOSH, KATHIRUR P O, KADIRUR,
KANNUR, KADIRUR-TLY, KERALA, PIN - 670642
35 SRUTHI M
AGED 34 YEARS
PAYYARATTA HOUSE, MAVICHER, KUTTIYERI, KANNUR,
KERALA, PIN - 670141

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36 DEEPAMOL C. P,
AGED 39 YEARS
C/O C DAMU, CHATTAPOKKANTAVIDA, CHAMPAD, CHAMPAD
PO, MOKERI, KOORARA, KANNUR DISTRICT, KERALA, PIN
- 670694
37 ASHIN K,
AGED 34 YEARS
S/O BASKARAN K, KUNIYIL HOUSE, CHANDAYAD, PUTHOOR,
KANNUR, CHENDAYAD, KERALA, PIN - 670692
BY ADVS.
KUM.GAYATHRI MURALEEDHARAN
SMT.ARCHANA B.
SHRI.AJIN K. KURIAKOSE
SMT.SRUTHILAKSHMI SHAJI
SHRI.U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN –
695001
2 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM PALACE P.O.,
THIRUVANANTHAPURAM, PIN – 695004
3 KERALA STATE CIVIL SUPPLIES CORPORATION LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI
BHAVAN, GANDHI NAGAR, KOCHI, PIN - 682020
BY ADV SMT.MOLLY JACOB
SRI.VARUN C. VIJAY, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.10.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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‘C.R’
JUDGMENT
The petitioners took part in a selection to the post of Assistant
Salesman in the Kerala State Civil Supplies Corporation Ltd. According
to the petitioners, the selection was a district-wise selection though
applications were invited through a single notification. The petitioners
are before this Court stating that the ranked lists for different Districts
were published by the Public Service Commission on different dates, as a
result of which the lists published in certain Districts expired earlier than
the lists published for other Districts. It is their case that the
Government of Kerala, taking note of the circumstances arising from the
notification of general elections to the State Assembly, recommended to
the Public Service Commission (on 20.05.2026) to extend the validity of
the ranked lists, which expired between 20.05.2026 and 31.08.2026. It is
their case that the Public Service Commission, by Ext.P3 notification,
decided to extend the validity of the ranked lists, which were in force on
that date (25.05.2026), till 30.11.2026. It is submitted that, since the lists
in which the petitioners were included expired before 25.05.2026, the
benefit of the extension was not given to the petitioners.

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2. The learned counsel appearing for the petitioners places
considerable reliance on a decision of the Division Bench of this Court in
Kerala Public Service Commission represented by its
Secretary and Others v. Manoj Kumar K and Others (judgment
dated 01.03.2018 in O.P.(KAT) No.323 of 2017 and connected cases) to
contend that the persons, who applied for the same post, pursuant to the
same notification, cannot be treated differently as there is no intelligible
differentia in support of such classification and if the lists were being
extended, pursuant to the recommendation made by the Government,
the benefit of such extension should have been given to all the lists
prepared, pursuant to Ext.P1 notification, notwithstanding the date of
publication of such lists.
3. The learned Standing Counsel for the Public Service
Commission, on the other hand, would contend that the
recommendation of the State Government is not binding on the Public
Service Commission and the Public Service Commission has the
authority to decide whether to extend the validity of a ranked list in
th
terms of the provisions contained in the 5 proviso to Rule 13 of the

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Kerala Public Service Commission Rules of Procedure (hereinafter
referred to as “the Rules of Procedure” ). It is submitted that, in the case
of the petitioners, the ranked lists in which they were included had
expired even prior to the date on which the Government made the
recommendation. It is submitted that the judgment of the Supreme
Court in K. Thulaseedharan v. The Kerala State Public Service
Commission, (2007) 6 SCC 190 , has considered the question as to
whether an expired ranked list could be extended in terms of the
th
provisions contained in the 5 proviso to Rule 13 of the Rules of
Procedure. It is pointed out that the said decision categorically holds that
th
the power conferred by the 5 proviso to Rule 13 of the Rules of
Procedure can be applied only to a ranked list that is in force on the date
on which the Commission decides to extend the ranked lists. It is
submitted that since the ranked lists, which are in question in this case,
had already expired even at the time when the Government had
recommended/requested the Commission to exercise its authority under
th
the 5 proviso to Rule 13 of the Rules of Procedure, the petitioners
cannot be granted any relief in this writ petition. It is further submitted

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that a question of discrimination does not arise as the selection in
question was a district-wise selection and as is normal in cases of a
district-wise selection, the lists would have come into force on different
dates in different Districts.
4. The learned Government Pleader appearing for the State of
Kerala also supports the contention of the learned counsel for the Public
th
Service Commission that the power under the 5 proviso to Rule 13 of
the Rules of Procedure can be exercised only if the ranked list in question
was in force on the date on which the Commission decides to extend the
validity of the ranked list. It is also submitted that the Government can
only recommend, and it is for the Commission to take a decision as to
whether any ranked list had to be extended or not.
5. Having heard the learned counsel for the petitioners, the learned
Government Pleader appearing for the State of Kerala and the learned
Standing Counsel appearing for the Public Service Commission, I am of
the view that, in the light of the law laid down in K. Thulaseedharan
(supra) , the petitioners cannot be heard to contend that a ranked list,
which had admittedly expired by 25.05.2026, could have been extended

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in exercise of the authority conferred on the Commission by the virtue of
th
the 5 proviso to Rule 13 of the Rules of Procedure. Paragraph 10 of the
K. Thulaseedharan (supra) reads thus:-
th
“10. The 5 proviso to Rule 13 of the Rules relied upon clearly gives
an indication that the power available thereunder could be
exercised only in the case of a ranked list which is still subsisting
or the life of which is still continuing. The words "the Commission
shall have the power to keep alive the ranked lists which are
normally due to expire during the said period" (emphasis
supplied) clearly show that it is a question of keeping alive until a
future date, of a live list, the term of which is to expire shortly. The
th
power under the 5 proviso to Rule 13 of the Rules cannot be made
use of to revalidate a time expired ranked list. The two instances
pointed out by learned Senior Counsel for the appellants where
the Public Service Commission had done it, could not be justified
th
legally in the light of the 5 proviso to Rule 13 of the Rules. They
must be treated as aberrations. They cannot form the foundation
of any right. In this situation, we are satisfied that there is no
justification in interfering with the decision of the High Court
since by 3.4.2004 when the notification extending the validity of
the lists was issued, the validity of the list in question had expired
and the same could not be revived in alleged exercise of power
th
under the 5 proviso to Rule 13 of the Rules.”
In the light of the categorical declaration of the law by the Supreme
Court, I cannot read the judgment of the Division Bench in Manoj

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Kumar K (supra) to have taken a different view. The decision in
Manoj Kumar K (supra) has to be confined to the facts of that case,
and even if I were to hold that the facts in that case are identical to the
th
facts in this case, since the scope of power under the 5 proviso to Rule
13 of the Rules of Procedure has already been elucidated by the Supreme
Court, I am bound to follow the decision of the Supreme Court. The
petitioners may have been, for reasons completely beyond their control
and on account of certain unfortunate circumstances, denied the benefit
arising from the extension of validity of the ranked list in which they
were included, but the law does not appear to provide them with any
remedy.
In the result, I find no reason to grant the reliefs sought for in this
writ petition. The writ petition fails, and it is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
bng

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APPENDIX OF WP(C) NO. 21889 OF 2026
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE GAZETTE NOTIFICATION
DATED 15.09.2020 BEARING CATEGORY
NO.105/2020 ISSUED BY THE KERALA PUBLIC
SERVICE COMMISSION
EXHIBIT P2 THE TRUE COPY OF THE OF THE RANKED LIST
FOR ASSISTANT SALESMAN IN PATHANAMTHITTA
DISTRICT CONTAINING THE NAME OF THE 1ST
PETITIONER BEARING NO: NO.306/2023/DOH
DATED 09.05.2023
EXHIBIT P2(A) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN ALAPPUZHA DISTRICT
CONTAINING THE NAMES OF PETITIONERS 2 TO 4
BEARING RANKED LIST NO.129/2023/DOA DATED
27.02.2023
EXHIBIT P2(B) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN KOTTAYAM DISTRICT
CONTAINING THE NAMES OF PETITIONERS 5 TO 9
BEARING RANKED LIST NO.324/2023/DOK DATED
15.05.2023
EXHIBIT P2(C) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN ERNAKULAM DISTRICT
CONTAINING THE NAMES OF PETITIONERS 10 TO
17 BEARING RANKED LIST NO.305/2023/DOE
DATED 09.05.2023
EXHIBIT P2(D) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN THRISSUR DISTRICT
CONTAINING THE NAMES OF PETITIONERS 18 TO
23 BEARING RANKED LIST NO.304/2023/DOR
DATED 09.05.2023
EXHIBIT P2(E) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN WAYANAD DISTRICT
CONTAINING THE NAMES OF PETITIONERS 24 TO
26 BEARING RANKED LIST NO.271/2023/DOW
DATED 27.04.2023
EXHIBIT P2(F) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN KOZHIKODE DISTRICT
CONTAINING THE NAMES OF PETITIONERS 27 TO
31 BEARING RANKED LIST NO.272/2023/DOD
DATED 28.04.2023

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EXHIBIT P2(G) THE TRUE COPY OF THE RANKED LIST FOR
ASSISTANT SALESMAN IN KANNUR DISTRICT
CONTAINING THE NAMES OF PETITIONERS 32 TO
37 BEARING RANKED LIST NO.266/2023/DOC
DATED 26.04.2023
EXHIBIT P3 THE TRUE COPY OF THE KERALA PUBLIC SERVICE
COMMISSION NOTIFICATION NO. A5-2/29/2020-
KPSC DATED 25.05.2026 PUBLISHED IN THE
KERALA GAZETTE EXTRAORDINARY DATED
26.05.2026
EXHIBIT P4 THE TRUE COPY OF THE EXCERPTS OF THE
RANKED LISTS FOR THE POST OF ASSISTANT
SALESMAN IN KERALA STATE CIVIL SUPPLIES
CORPORATION LIMITED IN THIRUVANANTHAPURAM
WITH EFFECT FROM 26.05.2023
EXHIBIT P4(A) THE TRUE COPY OF THE EXCERPTS OF RANKED
LISTS FOR THE POST OF ASSISTANT SALESMAN
IN KERALA STATE CIVIL SUPPLIES CORPORATION
LIMITED IN KASARGOD WITH EFFECT FROM
26.05.2023
EXHIBIT P4(B) THE TRUE COPY OF THE RANKED LISTS FOR THE
POST OF ASSISTANT SALESMAN IN KERALA STATE
CIVIL SUPPLIES CORPORATION LIMITED IN
EDUKKI WITH EFFECT FROM 30.05.2023
EXHIBIT P4(C) THE TRUE COPY OF THE RANKED LISTS FOR THE
POST OF ASSISTANT SALESMAN IN KERALA STATE
CIVIL SUPPLIES CORPORATION LIMITED IN
KOLLAM WITH EFFECT FROM 02.06.2023