IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 25659 of 2008(D) ----------------------------------------- PETITIONER: -------------------- DR. ANILKUMAR.K.B, KANIYAMPADIKKAL, AISWARYA NAGAR, EDAPPALLY, INDIRA BYE ROAD, KOCHI-24. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-695004. 2. DIRECTOR OF HOMOEOPATHY, EAST FORT, THIRUVANANTHAPURAM, PIN - 695 023. BY SRI. ALEXANDER THOMAS, SC,KPSC – R1 BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR – R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ===================== W.P(C).No.25659 of 2008 ===================== Dated this the 3rd day of October, 2008. JUDGMENT The petitioner was an applicant for appointment to the post of Medical Officer (Homeo) in the Department of Homeopathy. He was included in Ext.P1 ranked list which came into force on 15.3.2004 and ceased to be in force on 14.3.2007. The petitioner contends that in view of Ext.P3 notification issued by the Kerala Public Service Commission on 20.6.2008 including the names of two other candidates in Ext.P1 ranked list and the direction issued by this Court in Ext.P4 judgment which directs inclusion of the names of two other persons therein and as the said persons belong to the open category, candidates belonging to the communities eligible for reservation are also entitled to be advised, so as to observe the rules of reservation and communal rotation. According to the petitioner, if four candidates in the open category are advised, four candidates belonging to communities eligible for reservation will also have to be advised and in that event, the petitioner has a chance of being adviced for appointment. 2. The point raised by the petitioner is in my opinion directly covered by the decision of this Court in W.P.(C)No.17345 of 2007. The main list which forms part of Ext.P1 was exhausted on 25.7.2006. The petitioner is a person included in the supplementary list. As the main list WP(C) 25659/08 -: 2 :- has already expired, the petitioner cannot claim any relief. Further, this Court has in Ajayan v. State of Kerala - 2006 (3) K.L.T. 854 held that those who have not moved this Court cannot claim any benefits flowing from the said judgment. The rank list evidenced by Ext.P1 ceased to be in force on 14.3.2007. The petitioner moved this Court only on 25.8.2008 long after the main list was exhausted and the ranked list expired. In these circumstances, no relief can be granted to the petitioner. Accordingly, this Writ Petition fails and is dismissed. P.N.Ravindran, Judge. ess 7/10