IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH JULY 2010 / 6TH SRAVANA 1932 WP(C).No. 23518 of 2010(L) -------------------------- PETITIONER(S): --------------- P.RAJESHKUMAR, RAJESH BHAVAN, THEKKUMTHARA.P.O., KALPETTA-673 121. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 2. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD, KALPETTA. MR.ALEXANDER THOMAS, SC FOR PSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------ WP(C) No.23518 of 2010 (L) -------------------------- Dated, this the 28th day of July, 2010 J U D G M E N T The petitioner was included at serial No.22 in the ranked list published by the Public Service Commission for appointment to the post of Driver Gr.II in Wayanad District. According to the petitioner, a vacancy was reported on 10/03/2004, and the person at serial No.21 in the ranked list, viz. Shri.Jagadees K.R., was advised on 04/06/2005, on which date the ranked list expired. It is stated that Shri.Jagadees did not join duty, and that the petitioner represented that he should be advised against the NJD vacancy of Shri.Jagadees. Subsequently he came to know from Ext.P5 that one Shri.K.V.Sunny was appointed on 14/12/2005, It is thereupon that this writ petition has been filed praying for a declaration that if Shri.Jagadees did not join the post, the petitioner ought to have been advised and for a direction to that effect. 2. However from Ext.P6 communication it is seen that Shri.K.V.Sunny, who was at serial No.20 in the ranked list, was advised to the Education Department, and he was thrown out for WP(C) No.23518/2010 -2- want of vacancy. It is stated that when the NJD vacancy of Shri.Jagadees was reported, Shri.K.V.Sunny was accommodated. 3. Obviously therefore, if Shri.Sunny was not advised to the Education Department, he would have been advised to the Revenue Department against the vacancy reported on 10/03/2004, in which event, neither Shri.Jagadees nor the petitioner could have had any claim. On the other hand what has been done by the PSC is that when Shri.Sunny was thrown out and Shri.Jagadees did not join duty, in the NJD vacancy available, the PSC has accommodated Shri.Sunny, who was included at serial No.20 in the ranked list. Therefore, I see nothing illegal in the action of the respondents. The writ petition fails and is accordingly dismissed. (ANTONY DOMINIC, JUDGE) jg