IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No. 35 of 2009() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31267/2004 Dated 10/04/2007 .................... APPELLANT/ PETITIONER ------------------------ H.RAJESH,"SIVADAM", CHEVAYUR.P.O, KOZHIKODE. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN RESPONDENTS/ RESPONDENTS -------------------------- 1. ASSISTANT EXCISE COMMISSIONER,WAYANAD, KALPETTA. 2. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, OFFICE OF THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM-4. 3. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, WAYANAD, KALPETTA. ADV. SRI.ALEXANDER THOMAS,SC,KPSC FOR R2 & 3 GOVERNMENT PLEADER, SMT.R.BINDU FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. ---------------------------- W.A. No.35 OF 2009 ----------------------------- Dated this the 23rd day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The petitioner was a candidate included in the rank list published by the Public Service Commission, Wayanad District, for appointment to the post of Excise Guard. The list came into force on 29.10.2001 and it was cancelled on 31.12.2004. On the eve of the expiry of the list, as per the interim order passed by this Court, 14 vacancies were reported to the P.S.C. by the appointing authority subject to a stipulation that advice need be made only after getting further orders from this Court. The learned Single Judge after considering the rival contentions found that no vacancies were available for recruitment through the P.S.C and dismissed the writ petition. The aggrieved petitioner has preferred this appeal. 2. The rank of the petitioner, in Ext.P1 rank list, is 68. He is an open competition candidate. Candidates up to Rank W.A.No.35/2009 2 No.57 in the open competition quota have already been advised. If all the 14 vacancies reported as per the interim order of this Court, are found available for recruitment from the P.S.C. list, only 7 persons from the open competition quota will be appointed. If that be so, even if, there is a direction to fill all the 14 vacancies from the P.S.C list, the petitioner will not get appointment. Therefore, this writ petition at his instance is not maintainable. Therefore, we find no reason to hear and decide the appeal on merits. Accordingly, it is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps