IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 22987 of 2002(J) ----------------------- PETITIONER: ------------ LAMIRSHA P., SHARMILA BHAVAN, IRUMPANANGADU P.O., EZHUKONE, KOLLAM. BY ADV. SRI.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.S.VIBHEESHANAN RESPONDENTS: ------------------- 1. KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS SECRETARY, P.S.C. OFFICE, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KOLLAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD SRI.ALEXANDER THOMAS,SC,KPSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 22987 of 2002 ORDER ON C.M.P.NO.39387/02 IN O.P.NO.22987/02 DISMISSED 9.1.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY RANKED LIST PUBLISHED BY R1 DT. 21.7.1999. EXT.P2: COPY OF LETTER WRITTEN BY DEEPA N.S. DTD 11.8.2000. EXT.P3: COPY OF REPRESENTATION BY THE PETITIONER DT. 5.3.2001. EXT.P4: COPY OF THE JUDGMENT IN O.P.NO.8312/2001 DTD 26.11.2001. EXT.P5: COPY OF THE ORDER IN R.P.NO.6/2002 DTD 7.1.2002. EXT.P6: COPY OF THE LETTER NO.QRI(4)783/92 DT. 29.7.2002 ISSUED BY R2. EXT.P7: COPY OF JUDGMENT IN C.C.C. NO.689/2002 DTD 7-8-2002. RESPONDENT'S EXHIBITS EXT.R1(a): COPY OF THE ORDER NO.QRI(4)783/92/1 DT 12.09.2002. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.22987 OF 2002 ---------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT The petitioner was rank No.2 in the supplementary list prepared by the Public Service Commission for selection to the post of High School Assistant (Hindi) in the Education Department in Kollam District which list was published by the Public Service Commission on 17.10.96. The first ranked person in the supplementary list was advised by the Public Service Commission. That candidate submitted Ext.P2 letter dated 11.8.2000 before the District officer of the Public Service Commission, Kollam stating that she is not joining duty in the post and therefore the next person may be advised. 2. In the above circumstances, the petitioner filed Ext.P3 representation before the Secretary of the PSC seeking advice to that vacancy in which the first ranked person in the supplementary list did not join duty. The petitioner obtained Ext.P4 judgment of this Court directing the Secretary of the PSC to dispose of Ext.P3 representation filed by her in this regard. O.P.No.22987/02 2 Pursuant thereto, Ext.P6 order was passed by the PSC stating that the Commission cannot advise candidates to NJD vacancies reported to it by operating the supplementary list after exhaustion of the main list. The petitioner is challenging Ext.P6 order and seeking advice to the said vacancy, which according to the petitioner was reported to the PSC by Ext.P2 letter dated 11.8.2000 by the candidate so advised. 3. The Public Service Commission has filed a counter affidavit, in which it is stated that all the 27 candidates in the main list have been advised for recruitment and thereby the rank list was treated as cancelled on 28.11.2000. The candidate Smt. Deepa N.S. did not join duty and her NJD vacancy was reported by the Deputy Director of Education, Kollam only on 20.1.2001, that is after the main list was exhausted. They would submit that it is the law laid down by this Court that once the main list is exhausted no advice can be made from the supplementary list. 4. I have considered the rival contentions in detail. Notwithstanding the fact that Ext.P2 by which the first ranked candidate in the supplementary list had intimated her decision not to accept the post on 11.8.2000, the PSC cannot in law act O.P.No.22987/02 3 on the same unless the NJD vacancy is reported by the 4th respondent. The PSC has categorically stated that, that report from the 4th respondent was received by the PSC only on 20.1.2001. The PSC has also categorically stated that the main list was exhausted on 28.11.2000. The settled law being that once the main list has exhausted no advice can be made from the supplementary list, the petitioner cannot get any relief in this original petition. Accordingly the original petition is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.No.22987/02 4