IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST MAY 2009 / 31ST VAISAKHA 1931 WP(C).No. 24816 of 2006(D) ------------------------------------- PETITIONER(S): ------------------------ PRASEETHA CHANDRAN, KINATTUMKAL, CHELAKKOMPU, KARUKACHAL, CHANGANACHERRY. BY ADVS. MR.P.A.CHANDRAN MR.R.PREM SANKAR RESPONDENT(S): -------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, PALACE P.O., THIRUVANANTHAPURAM. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, DISTRICT OFFICE, THRISSUR. 3. DIRECTOR, DEPARTMENT OF INDIAN SYSTEMS OF MEDICINE, THIRUVANANTHAPURAM. 4. DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE, THRISSUR DISTRICT. 5. SHIJI K.U., S/O. VARGHESE, KANNANPUZHA HOUSE, VIJAYAPURAM P.O., CHALAKUDY. SR. GOVT. PLEADER MR.P.NANDAKUMAR BY ADV. MR.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24816/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANK LIST FOR THE POST OF NURSE GARDE-II (AYRVEDA) ON RS. 3590-5400 IN THE INDIAN SYSTEMS OF MEDICINE DEPARTMENT IN THRISSUR DISTRICT NO.377/03/SSV. P2:- COPY OF THE DISCHARGE CERTIFICATE ISSUED BY THE CHIEF MEDICAL OFFICER DISTRICT AYURVEDA HOSPITAL, THRISSUR TO THE PETITIONER DT. 15.10.03. P3:- COPY OF THE REPLY LETTER DT. 21.7.06 BY THE 4TH RESPONDENT DISTRICT MEDICAL OFFICER TRUE COPY P.A. TO JUDGE TSS P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.24816 of 2006 -------------------------------------- Dated 21st May, 2009 JUDGMENT Ext.P1 ranked list for the post of Nurse Grade II (Ayurveda) came into force on 1.12.2003 and ceased to be in force on 30.11.2006. This writ petition was filed on 19.8.2006 complaining that the petitioner has not been advised though her turn for advice has arisen. 2. The Kerala Public Service Commission has filed a counter affidavit pointing out that the petitioner's turn has not arisen. The counter affidavit was filed on 12.10.2006. The ranked list ceased to be in force on 30.11.2006. In the light of the counter affidavit filed by the Kerala Public Service Commission and the positive averment of the Commission that the petitioner's turn for advice has not arisen, the reliefs prayed for by the petitioner cannot be granted. Further, no one of the candidates included in Ext.P1 ranked list are on the party array. Therefore, the writ petition is bad for non joinder of necessary parties. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS