IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WP(C).No. 8681 of 2007(H) ------------------------- PETITIONER: --------------- BABU C.K,CHERUKUNNUMMAL HOUSE, NOCHAD P.O,NADUVANNUR (VIA),KOZHIKODE DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT,PERSONNEL & ADMINISTRATIVE REFORMS DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER,KERALA PUBLIC SERVICE COMMISSION,KOZHIKODE. 3. THE PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY,PATTOM, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN SRI.ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.8681 of 2007 -------------------------- Dated this the 15th October,2009 J U D G M E N T Petitioner was included in the rank list for Last Grade Servants, which was published on 07/05/2003. Rank list was operated. According to the petitioner, 2 NJD vacancies were reported. But the PSC did not further operate the rank list as against the NJD vacancies. 2. Public Service Commission has filed a counter affidavit. It is contended as follows in paragraph 3 of the counter affidavit. "The Commission finalised a ranked list for the post of Last Grade Servants in the various departments in Kozhikode district on 07.05/2003 and after running the maximum period of validity the rank list stands cancelled on 06/05/2006. No vacancy fresh or NJD is pending with the Commission as on the date of cancellation of the rank list. It is submitted that the petitioner is included in the ranked list as Rank No.839 (Thiyya) and not advised as enough vacancies were not available at the time of cancellation of the rank list. 3. It seems that according to the PSC, rank list expired on 6.5.2006 and no NJD vacancy was pending on W.P ( C) No.8681 of 2007 2 the date of cancellation of the rank list. It is further stated in paragraph 5 of the counter affidavit that three NJD vacancies pertaining to 'Ezhava' community were reported in July, 2006, December 2006 and February 2007 after the expiry of the rank list. In these circumstances, no further direction could be issued to the Public Service Commission. Writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.8681 of 2007 3 W.P ( C) No.8681 of 2007 4