IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 OP.No. 4958 of 2000(M) ---------------------- PETITIONER(S): --------------- ABDUL FATHAH, AGED 29 YEARS, S/O. LATE ABDUL SALAM, KADAVAKULAM PUTHENVEEDU, CHANDANATHOPPU, KOLLAM, PRESENTLY RESIDING AT EDAYANJALI, CHUNGAM, MATHUSSERREY P.O., KOTTAYAM BY ADV. MR.T.M.ABDUL LATHEEF RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, TRIVANDRUM. 2. DIRECTOR, INDIAN SYSTEM OF MEDICINE, TRIVANDRUM. 3. PRINCIPAL, AYURVEDA COLLEGE, TRICANDRUM. 4. PRINCIPAL, AYURVEDA COLLEGE, TRIPPUNITHURA. 5. PRINCIPAL, AYURVEDA COLLEGE, KANNUR. 6. KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY THE SECRETARY, PATTAM, TRIVANDRUM. BY SR. GOVERNMENT PLEADER SMT. N. SUDHA DEVI FOR R1TO 5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON01/12/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 4958 of 2000(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE RANK LIST PUBLISHED BY THE 6TH RESPONDENT IN MATHRUBHUMI EMPLOYMENT NEWS DATED 15.3.1997. EXT.P2 - TRUE COPY OF THE PETITION DATED 8.10.1998 SENT BY THE PETITIONER TO THE 6TH RESPONDENT. EXT.P3 - TRUE COPY OF THE LETTER NO.B1C(2) 6078/97/CW DTED 8.12.1998 OF THE 6TH RESPONDENT. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ................................................ O.P. No. 4958 of 2000 ................................................. Dated this the 1st day of December, 2009 J U D G M E N T The petitioner is a candidate who has been included in the rank list prepared by the Kerala Public Service Commission for appointment to the post of Theater Assistant in the department of Indian Systems of medicine. The petitioner seeks the following reliefs: “(i) To call for the records relating to Exts.P1 to P3 and issue a writ of mandamus the Respondents 1 to 5 to report the existing vacancies of Theater Assistants in Ayurveda Colleges in the State of Kerala to the 6th Respondent before 22.2.2000 and also within the extended period by excluding the period already lost due to the policy of the government not to make appointment; (ii) To issue a writ of mandamus commanding the Respondent 1 to 6 to appoint the Petitioner in any one of the existing vacancies of Theatre Assistant giving him communal reservation as enjoined in Rule 14 of K.S. & S.S.R.; (iii) To issue a writ of mandamus declaring that the vacancies which got extinguished due to non joining by open merit candidates and other communal candidates should be taken as vacancies in which appointments were made and to declare that the Petitioner is entitled for appointment by taking the said non joining vacancies also;” As is evident from the original petition itself, the rank list O.P. No. 4958 of 2000 -2- was published on 22.2.1997. The period of validity of the rank list had expired long back. It is settled law that no appointments can be made from a rank list, the validity of which has expired. That being so at this point of time, the petitioner cannot get the reliefs prayed for. Accordingly, the original petition is dismissed. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge