IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 9021 of 2010(C) ------------------------- PETITIONER(S): --------------- NISHA.V.V, VAZHAKALAYIL VEEDU, KOLANI.P.O, THODUPUZHA. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------------- 1. THE KERALA STATE PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE DISTRICT MEDICAL OFFICER, IDUKKI. 3. THE DIRECTOR OF HEALTH SERVICES, KERALA, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ALEXANDER THOMAS,SC,KPSC R2 & R3 BY GOVT. PLEADER SRI.NANDKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.9021/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RANKED LIST PUBLISHED BY IST RESPONDENT. P2:- COPY OF THE REPLY DTD. 15.2.2010 ISSUED BY 2ND RESPONDENT. P3:- COPY OF THE COMMUNICATION DTD. 11.8.09 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE PRINT OUT OF WEBSITE OF IST RESPONDENT. P5:- COPY OF THE COMMUNICATION DTD. 1.3.2010 OF THE DIRECTORATE OF HEALTH SERVICES. P6:- COPY OF THE APPLICATION DTD. 23.2.2010. P7:- COPY OF THE REPLY NO. I.D.E. (1) 91/07 DTD. 6.3.2010. P8:- COPY OF THE APPLICATION FILED BY THE PETITIONER DTD. 7.8.2010. P9:- COPY OF THE REPLY NO. I.D.E. (1) 91/0 DTD. 30.8.2010. P10:- COPY OF THE APPLICATION FILED BY THE PETITIONER DTD. 27.5.2010. P11:- COPY OF THE REPLY NO.E.E5 O-44267/10/HWD DTD. 16.6.2010. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 9021 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 J U D G M E N T The petitioner is included in the rank list prepared by the Public Service Commission for appointment to the post of Staff Nurse in Idukki district. The petitioner has filed this writ petition seeking the following reliefs: “i) to declare that the petitioner who is a member of the Viswakarma community is legally entitled to be advised and appointed as against the 39th post of Staff nurse appointed from Ext.P1 and issue a writ of mandamus commanding the respondent to appoint the petitioner as against the 39th post appointed from Ext.P1; ii) issue a writ of mandamus or other appropriate writ, order or direction, commanding and compelling the 2nd respondent to report all existing vacancies of Staff Nurses in Idukii District, including the 8 vacant posts admitted as per Ext.P2 to the 1st respondent and also direct the first respondent to issue advice memos accordingly;” On 08.04.2010, this court has passed the following order: “Admit. Issue notice by speed post. Ext.P1 list will expire on 15.5.2010. Therefore, the 2nd respondent is directed to report all available vacancies in the post of Staff Nurse Gr.II in Idukki District, to the District PSC Office, Idukki on or before 10.5.2010.” W.P.(C)No. 9021 of 2010 2 It is now submitted before me that, 5 vacancies have already been reported as evidenced by Ext.P9. Petitioner's grievance is that, despite reporting of vacancies the P.S.C is not making advice to those vacancies. I have heard the standing counsel for the PSC as well as the learned Government Pleader also. As per Ext.P9, it is admitted that, 5 vacancies have been reported. But in Ext.P9 it is stated that, further proceedings pursuant to the same can be taken only after obtaining orders from this court. From the order dated 08.04.2010, I find that, there is no specific direction to report any specific number of vacancies as such. The only direction is to report all available vacancies. Therefore when 5 vacancies have been so reported, those must be existing vacancies even according to the respondents. For making advice to those vacancies, no orders are necessary from this court. Accordingly, this writ petition is disposed of with a direction to the 1st respondent to advice candidates to the 5 vacancies W.P.(C)No. 9021 of 2010 3 now reported also, if not already adviced, as expeditiously as possible at any rate within two weeks from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/