IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 13241 of 2009(A) PETITIONER: --------------- SUMINA RANI A, W/O. SAIDU, AGED 28 YEARS, MAYILAVILA PUTHENVEEDU, EZHIPPURAM, PAMPALLY P.O., QUILON 691 574. BY ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENTS: --------------- 1. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, NEAR GOVERNMENT PRESS, THIRUVANANTHAPURAM. 3. THE GOVERNMENT OF KERALA, DEPARTMENT OF EDUCATION, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. R2 & R3 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD R1 BY STANDING COUNSEL SRI.ALEXANDER THOMAS THIS WRIT PETITION (CIVIL) HAVING BCOME UP FOR HEARING ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 13241 OF 2009 A ------------------------------------------------------ Dated this the 18th day of October, 2010 JUDGMENT The petitioner is included in the rank list for appointment to the post of Higher Secondary School Teacher (Junior) (Hindi). 2. The reliefs prayed for in the Writ Petition are the following: “(i) issue a writ of mandamus or such other writ or order directing the 1st respondent to advice candidates for all the vacancies reported to them by 2nd respondent ignoring request for cancellation of the reported vacancies. (ii) issue a writ of mandamus or such other writ or order directing 2nd respondent not to fill up the 42 vacancies in the post of Higher Secondary School Teacher (Jr. Hindi) other than by way of direct recruitment through PSC. (iii) grant such other reliefs as this Hon'ble Court may deem fit and proper as on the facts and circumstances of the case.” W.P.(C) NO.13241 OF 2009 :: 2 :: 3. The learned Government Pleader submitted that before the Writ Petition was filed, 114 vacancies were reported and after the Writ Petition was filed, 60 vacancies were reported during September, 2010. The learned Government Pleader also submitted that the 60 vacancies reported includes the 41 vacancies mentioned in the statement dated 11.6.2009 filed by the second respondent. The Standing Counsel for the Kerala Public Service Commission submitted that the rank list was exhausted. In the facts and circumstances, the Writ Petition has practically become infructuous. The Writ Petition is accordingly dismissed as infructuous. If the petitioner has any subsisting grievance in respect of the vacancies reported or in respect of the advice, the petitioner is free to take up the matter before the appropriate authority. (K.T.SANKARAN) Judge ahz/