IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 37689 of 2008(J) ---------------------------------------- PETITIONER(S): ------------------------ PRADEEP KUMAR K.P., “SREE HARI”, KOSALAPARAMBA, KANNIPARAMBA P.O., MAVOOR VIA, KOZHIKODE. BY ADV. MR.T.G.RAJENDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM. 3. KERALA PUBLIC SERVICE COMMISSION, REP. BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSIONER, DISTRICT OFFICE, MALAPPURAM. R1 & R2 BY GOVERNMENT PLEADER MR. A.J.VARGHESE R3 & R4 BY ADV. MR. ALEXANDER THOMAS, SC, KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ====================================== W.P.(C)No.37689 of 2008 ====================================== Dated this the 24th day of February 2009 JUDGMENT The petitioner is a candidate included in Ext.P2 ranked list for the post of High School Assistant (Mathematics) in Malappuram District. The ranked list came into force on 31.12.2005 and it ceased to be in force on 30.12.2008. This Writ Petition is filed seeking a direction to the second respondent to report all the existing vacancies of High School Assistant (Mathematics) in Malappuram District to the District Officer of the Kerala Public Service Commission at Malappuram. The petitioner has also prayed for a direction to the Commission to extend the validity of the ranked list. 2. The second respondent has filed a counter affidavit wherein it is stated that the cadre strength of High School Assistant in Malappuram District is 445, that direct recruitment can only made to 50% of the posts, that direct recruits are presently holding 90% of the total number of posts in the cadre and that the petitioner cannot therefore claim appointment by direct recruitment. It is also stated that the ranked list ceased to be in force on 30.12.2008. 3. The petitioner does not dispute the fact that direct recruits have been appointed in excess of the quota prescribed for them. Therefore, the petitioner cannot seek a writ in W.P.(C)No.37689 of 2009 2 the nature of mandamus commanding the respondents to appoint candidates to the post of High School Assistant (Mathematics) by direct recruitment. Further the ranked list ceased to be in force on 30.12.2008. The petitioner's turn for advice did not arise till then. For these reasons, the petitioner cannot be granted any relief in this Writ Petition. The Writ Petition fails and is accordingly dismissed. No costs. P.N.RAVINDRAN, JUDGE css/