IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WA.No. 353 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.17613/2007 Dated 18/10/2007 .................... APPELLANT: PETITIONER: ---------------------------------------- FASEELA P.K.,W/O. HASEEB ALI, PARAYIL HOUSE, P.O.MALA, THRISSUR DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: RESPONDENTS: --------------------------------------------------- 1. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 2. THE REGIONAL DEPUTY DIRECTOR, THRISSUR. 3. KERALA PUBLIC SERVICE COMMISSION, THIRUVANANTHAPURAM. 4. THE PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOOL, MEDICAL COLLEGE CAMPUS, KOZHIKODE. 5. THE STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.A.NO.353 OF 2008 ------------------------------------- Dated 14th day of February, 2008 J U D G M E N T Koshy,J . The Kerala Public Service Commission finalised the rank list for the post of H.S.S.T. (Junior) in the Higher Secondary Education Department on 15.10.2004. The list was valid only up to 5.3.2007. Petitioner appellant was No.1 in the Supplementary list. In the main list, Rank No.17 was one Mohammed Basheer who was advised on 11.9.2006 against a muslim vacancy. He did not report. The Director, Higher Secondary Education reported that NJD vacancy of muslim turn only on 18.6.2007 after cancellation of the main list on 5.3.2007. It is settled law that after exhaustion of the main list supplementary list also will come to end and only if the NJD vacancy reported on or before 5.3.2007, that is, before the exhaustion of the main list, that vacancy can be filled. This is the crux of the decision in W.A.NO.353/08 2 Nair Service Society v. District Officer, Kerala Public Service Commission and others ((2003) 12 SCC 10). The learned Single Judge dismissed the writ petition as list was already exhausted, and therefore, petitioner cannot be now advised to the above post. We see no ground to interfere in the impugned judgment, and hence, this appeal is dismissed. J.B.KOSHY JUDGE K.HEMA JUDGE prp