IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WA.No. 579 of 2008() ----------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26108/2007 Dated 13/11/2007 .................... APPELLANT: PETITIONER. -------------------- SMITHA GRACE, AVEMARIA, CHURCH COMPOUND, TEMPLE GATE P.O., CHALIL, THALASSERY. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: RESPONDENTS. ------------------------- 1. SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, DISTRICT OFFICE, KERALA PUBLIC SERVICE COMMISSION, KANNUR. 3. DISTRICT MEDICAL OFFICER, HEALTH SERVICE DEPARTMENT, KANNUR 4. DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY SRI. ALEXANDER THOMAS, SC. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & P.N.RAVINDRAN, JJ. ------------------------------- W.A.NO.579 OF 2008 () ----------------------------------- Dated this the 17th day of June, 2008 J U D G M E N T KOSHY,J. Petitioner belongs to Latin Catholic Community and her rank number is 11 in the supplementary list for appointment to the post of Staff Nurse in Kannur District. According to the petitioner, there were 47 vacancies reported prior to the expiry of the rank list and she is entitled to get appointment to the above post. According to the Public Service Commission, all candidates upto rank No.157 have been advised for appointment as on 4.6.2007. The rank list expired on 4.6.2007. Now new rank list, Ext.P3 was also published. With regard to alternate quota, it is submitted that no alternate quota vacancy was also available for OBC after rule was amended with effect from 2.2.2006. Thereafter reservation available to one community cannot be given to W.A.579/08 2 another community and writ petition itself was filed after the expiry of the list. In the above circumstances, we see no ground to challenge the same, and hence, this appeal is dismissed. J.B.KOSHY, JUDGE P.N.RAVINDRAN, JUDGE prp J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 26th May, 2008