IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WA.No. 1627 of 2008() ---------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17630/2007 Dated 12/12/2007 .................... APPELLANT(S): PETITIONER ----------------------- VASANTHAKUMARI.N., NADUVIL HOUSE MADAKKUNNU PO., VIA., KALPETTA, WAYANAD. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): RESPONDENTS ------------------------- 1. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, WAYANAD. 2. PUBLIC SERVICE COMMISSION , REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVERNMENT SECRETARIATE THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BENJAMIN PAUL FOR R3 SRI.ALEXANDER THOMAS,SC,KPSC FOR R1-2 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kurian Joseph & P.N.Ravindran, JJ. ============================ W.A.No.1627 of 2008 ===================== Dated this the 2nd day of January, 2009. JUDGMENT Kurian Joseph,J. The appellant is the petitioner in the Writ Petition. She is aggrieved since she was not advised for appointment from the ranked list for Last Grade Servants in Wayanad District published on 16.4.2004. The petitioner was rank No.396 in the list. The petitioner belongs to a Forward Community and hence, she can be advised only against OC turn. When the turn for advice of the petitioner arose, two Night Watchmen were available. The petitioner being a female candidate, OC turn was given to rank No.397 male candidate. Rank Nos.398, 399 and 400 were also advised against BC turns including passed over. The main contention of the petitioner is that if rank Nos.399 and 400 were advised, for appointment to the post other than Night Watchman, their turns could have been interchanged and any one of the last grade posts available as 399 and 400 could have been given to the petitioner. We find that the petitioner has not impleaded any of the candidates advised against rank Nos. 397, 399 and 400, who are likely to be affected by the decision in the Writ Petition. Therefore, the only course open to this Court is to permit the petitioner to file a fresh petition after impleading necessary parties. 2. Therefore, without expressing any opinion as to the merits of WA 1627/08 -: 2 :- the case, we permit the petitioner to withdraw the petition without prejudice to her liberty to file a fresh Writ Petition after impleading necessary parties. We make it clear that the petitioner need not explain the delay between the filing of her W.P.(C) No.1627 of 2008 and this day, in case such Writ Petition is filed, since the petitioner was already before this Court. We make it clear that we have not considered the Writ Petition on merit and the entire contentions taken by the petitioner are left open. Kurian Joseph, Judge. P.N.Ravindran, Judge. ess 5/1