IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND FEBRUARY 2011 / 13TH MAGHA 1932 WP(C).No. 36671 of 2010(H) --------------------------------- PETITIONER(S): ------------------- 1. PRASAD K.T., S/O.BALAKRISHNAN, KALAM KOLLY THAZHAM HOUSE, PALATH.P.O., KAKKODI, CALICUT-673 611. 2. SATHEESAN.K., S/O.LATE CHATHUKUTTI, KAMPURATH (ANASWARA), KUTTIKATTOOR.P.O., MEDICAL COLLEGE (VIA), CALICUT-673 008. 3. RAJEEVAN.P.P., S/O.KANARAN, PAROLLA PARAMBATH HOUSE, NARIPPATTA.P.O., KALLACHI VIA, CALICUT-673 506. 4. SUDHEESH.A.T., S/O.MANUKUTTAN, AZUNGAL THATTALIL HOUSE, FAROOK COLLEGE.P.O., KOTTAMANGALAM, CALICUT-673 632. BY ADVS. SRI.P.V.KUNHIKRISHNAN SRI.HANSON.P.MATHEW RESPONDENT(S): -------------------- 1. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. PIN-695 004. 2. DISTRICT OFFICER, KERALA STATE PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE. PIN-563 020. 3. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYDHYUTHI BHAVAN, TRIVANDRUM. PIN-695 001. R1 & R2 BY ADV. SRI.ALEXANDER THOMAS, SC., KPSC R3 BY ADV. SRI.K.S.ANIL, SC., K.S.E.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2011, ALONG WITH WPC NO. 203 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos.36671 of 2010 & 203 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of February, 2011 J U D G M E N T The petitioners are persons included in the rank list published by the Kerala Public Service Commission for the post of Mazdoor in the Kerala State Electricity Board in Kozhikode District. The petitioners are included in the supplementary list. The contention of the petitioners is that if the existing vacancies are reported they have a chance of getting advice to those vacancies. In W.P. (C) No.36671/2010, I passed the following order on 10.12.2010: “Standing counsel for the PSC submits that 271 vacancies were reported on 8.10.2010 and on advice of candidates to those vacancies the main list is exhausted on 27.10.2010 and therefore no persons can be advised from the supplementary list even if vacancies are now reported. Counsel for the petitioners submits that the petitioners seek reporting of non-joining duty vacancies for advice to which also the supplementary list can be operated. Standing counsel for the P.S.C submits that one NJD vacancy was reported. Standing counsel for the P.S.C and the Electricity Board shall get instructions as to whether there are any NJD vacancies and whether against NJD vacancies, advice can be made from the supplementary list.” Therefore the only question to be considered now is W.P.(C)Nos.36671 of 2010 & 203 of 2011 -2- whether in view of the fact that the main list has exhausted is it permissible for the P.S.C. to advice candidates from supplementary list in the NJD vacancies. This question has been answered by the Hon'ble Supreme Court in the decision of Nair Service Society v. Distt. Officer, Kerala Public Service Commission & Ors. [(2003) 12 SCC 10] against the petitioners. In the above circumstances there is no merit in these writ petitions and accordingly they are dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/