IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 16TH JUNE 2009 / 26TH J YAISHTA 1931 WP(C).No. 16714 of 2005(M) --------------------------------------- PETITIONER(S): --------------------- GENTLE DILZAD M.G., S/O.GOPALAKRISHNAN AGED 33 YEARS, MANGALATHIL HOUSE, PUNNALA P.O., PIRAVANTHOOR VIA, KOLLAM 689 706. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O. THULASIHILL, THIRUVANANTHAPURAM. 2. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, SHINE TOURIST CENTRE, IST FLOOR, NEAR IRUMPUPALAM, KOLLAM- 691 001. 3. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. * ADDL. R4 & R5 IMPLEADED ADDL. R4: DISTRICT ANIMAL HUSBANDRY OFFICER, OFFICE OF THE DISTRICT ANIMAL HUSBADRY OFFICER, COLLECTORATE, KOLLAM. ADDL. R5: DIRECTOR OF ANIMAL HUSBANDRY, VIKAS BHAVAN, THIRUVANANTHAPURAM. * ADDL. R4 AND ADDL. R5 ARE IMPLEADED AS PER THE ORDER DATED 30/11/2005 IN I.A.17319/2005. R3, ADDL.R4 & R5 BY GOVERNMENT PLEADER MR.P. NANDAKUMAR. R1 & R2 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16714/2005-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION CALLING FOR APPLICATION ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE RANK LIST PUBLISHED BY THE 1ST RESPONDENT FOR KOLLAM DISTRICT. EXT.P3: COPY OF THE LETTER DATED 14/03/2005 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 11/04/2005 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 16714 of 2005 M =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of June, 2009 JUDGMENT The petitioner was an applicant for appointment to the post of Live Stock Inspector Grade-II/Poultry Assistant/Milk Recorder/Store Keeper, pursuant to Ext.P1 notification dated 16-12-1997 issued by the Kerala Public Service Commission. The petitioner was selected and included as rank No.1 in the Supplementary List of Scheduled Caste candidates. 2. Ext.P2 ranked list came into force on 10-12-2002 and it ceased to be in force on 9-12-2005. This writ petition was filed on 2-6-2005 complaining that respondents 4 and 5 are not reporting vacancies to the Kerala Public Service Commission. In this writ petition the petitioner has prayed for the following reliefs:- a) to issue a writ of certiorari calling for the records pertaining to the appointments made by the 2nd respondent in the Kollam District for the post of Live Stock Inspectors Grade-II from Ext.P2 rank list. b) to issue a writ of mandamus directing the 2nd respondent to immediately appoint the petitioner as the Live Stock Inspector. W.P.(C) No. 16714/05 2 3. No one of the candidates included in Ext.P2 ranked list appointed as Live Stock Inspectors are on the party array. Though one among the candidates thus appointed namely, Smt. Jeena Sasidharan is sought to be impleaded as the additional sixth respondent in this writ petition, the petitioner filed the application for impleading only on 5-1-2009. Further the petitioner has not so far taken steps to implead the additional sixth respondent in a representative capacity. Therefore, in the absence of necessary parties on the party array, the first relief cannot be granted. 4. The second relief sought is to direct the second respondent to immediately appoint the petitioner as Live Stock Inspector. The petitioner has not been able to demonstrate that her turn for advice had arisen during the period when the ranked list was in force. Though by an interim oder passed on 30-11-2005 in I.A. No.17320 of 2005 this Court had directed additional respondents 4 and 5 to report 40 vacancies of Live Stock Inspector within one week, respondents 4 and 5 have stated that the copy of the interim order was received only after the ranked list ceased to be in force and therefore vacancies as directed by this Court could not be reported before the expiry of the ranked list. It is also stated that during the currency of the ranked list 159 vacancies were reported and candidates were advised W.P.(C) No. 16714/05 3 against all the 159 vacancies. The petitioner has not been able to establish that his turn for advice arose before the ranked list expired. The writ petition fails and is accordingly dismissed. No costs. P.N.RAVINDRAN, JUDGE. mn. The sentence “Further the petitioner has not so far taken steps to implead the additional sixth respondent in a representative capacity” occurring in paragraph 3 of the judgment dated 16-6-2009 in W.P.(C) No. 16714/2005 is corrected and substituted as “Further, the petitioner took steps to implead the additional sixth respondent in a representative capacity, only long after the writ petition was filed. At this distance of time, I do not deem it fit or proper to allow the said application”. Vide order dated 29-7- 2009 in I.A. No.9017/2009 in W.P.(C) No. 16714/2005. Sd/- Registrar (Judicial) W.P.(C) No. 16714/05 4