IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).NO. 8228 OF 2008(D) ------------------------- PETITIONER: ------------ RAVI.P.A.,S/O. APPU P.S. PADINAJATTEADATHU HOUSE, (PO) PUTHENCHIRA, MANIYAKAVU SOUTH THRISSUR DISTRICT. BY ADV. SRI.P.K.MADHUSOODANAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY DEPARTMENT OF PERSONNEL ADMINISTRATION SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT DEPARTMENT OF LOCAL SELF GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT MEDICAL OFFICER OF HEALTH THRISSUR. 4. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY THE SECRETARY KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. 5. THE DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION THRISSUR. BY GOVT.PLEADER SHRI BEJOY CHANDRAN SHRI ALEXANDER THOMAS (SC FOR PSC ) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ----------- W.P.(C)No. 8228 OF 2008 ----------------------------- DATED THIS THE 11TH DAY OF MARCH, 2008 J U D G M E N T Petitioner was included in the rank list for the post of Driver Gr.II. The rank list came into force on 25.1.2005. Petitioner's name was included as item No.31 in the said list. By Exhibit P5 order a direction was issued to respondents 12, 13, 14, 16 and 17 therein to report the vacancies available in the post of Driver Gr.II on or before 21.1.2008. Apparently, it was so done in the District Medical Officer of Health, Thrissur and Exhibit P2 order of appointment was issued. Rank No.30 was reserved for OBC as per Exhibit P2 dated 7.2.2008. But apparently, he had relinquished it. Such relinquishment took place after the advice given to him. Apart from the question as to whether the relinquishment made, subsequent to the advice could be accepted, the NJD vacancy obviously arose only thereafter. There was no vacancy available for the post of Driver when the rank list expired on 25.1.2008. The petitioner submits that he W.P.(C)No.8228/08 2 was the only candidate left in the rank list and the advice given to Sasikumar, rank No.30 was not proper. It is not a case where Sasikumar had relinquished his claim even before advice. In such circumstances, the rank list cannot be operated any further. No further direction can be issued to the PSC in this regard. In the result, the writ petition is dismissed. V.GIRI, JUDGE. dsn