IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 12808 of 2008(Y) -------------------------- PETITIONER(S): --------------- R. AJAYAKUMAR, KAZHAKOM ARUKALIKKAL SUB GROUP, KOTTARAKKARA GROUP TRAVANCORE DEVASWOM BOARD BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.V.VARGHESE RESPONDENT(S): --------------- TRAVANCORE DEVASWOM BOARD REPRESENTED BY ITS SECRETARY OFFICE OF THE TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM-3. ADV. SRI.NAGARAJ NARAYANAN, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 12808/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.31.10.07. P2. COPY OF THE REPRESENTATION DTD.10.2.08. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.12808 of 2008 ================== Dated this the 23rd day of May, 2009 J U D G M E N T The petitioner is aggrieved by denial on the part of the respondent in giving the petitioner appointment as a driver pursuant to a selection made in 2002. The petitioner's contention is that another person mentioned in Ext.P1, who is junior to the petitioner, has been given appointment in preference to the petitioner, which is illegal. A counter affidavit has been filed by the respondent to the effect that although the petitioner was included in the preliminary list as rank No.14, in the final list he did not find a place whereas the person mentioned in Ext.P1 was included as rank No.8 and when vacancies arose subsequently, he was given appointment. Although the petitioner has filed a reply affidavit, he could not effectively controvert the said contention in the counter affidavit. In so far as the appointment of the other person is based on his rank in the rank list and the petitioner did not find a place in the rank list, the petitioner is not entitled to the relief prayed for in this writ petition. Accordingly, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge