IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 16088 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------ MARY STEPHEN, AGED 38, D/O.STEPHEN K.P., NAMBUKULANGARA, POLLEATHAI P.O., KALAVOOR, ALAPPUZHA. BY ADVS. MR.K.S.HARIHARAPUTHRAN, MR.GEORGE MATHEW. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNEMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, THULASI HILLS, PATTOM P.O., THIRUVANANTHAPURAM. 3. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOTTAYAM. *ADDL.R4 TO R8 IMPLEADED: R4. DEPUTY DIRECTOR COLLEGIATE EDUCATION, KOTTAYAM. R5. ASST.COMMISSIONER, DEPT. OF COMMERCIAL TAXES, KOTTAYAM. R6. THE SHIRATSTHADHAR, DISTRICT COURT, KOTTAYAM. R7. THE MANAGER, DISTRICT INDUSTRIES CENTRE, KOTTAYAM. R8. DISTRICT LABOUR OFFICER, KOTTAYAM. (*ADDL.R4 TO R8 ARE IMPLEADED AS PER ORDER DTD. 17/12/09 IN I.A.NO.15818/09) R1, R4 TO R8 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN R2 & R3 BY ADV. MR.ALEXANDER THOMAS,SC,KPSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 16088 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of February, 2010 J U D G M E N T The petitioner is a rank holder in the supplementary list for Latin Catholic Community published by the Public Service Commission on 5.12.2007 for appointment to the post of Lower Division Typist in various departments pursuant to the notification dated 31.12.2005. This writ petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to report the existing vacancies in the post of L.D. Typist in Kottayam District within the time from to be fixed by this court, essentially, for the purpose of enabling advice and appointment from Ext.P2 ranked list wherein petitioner's name is included. 2. A statement has been filed in the writ petition by the 4th respondent. It is evident from the said statement as also from Ext.P3 dated 23.6.2009 that the main list exhausted on 28.3.2009. As per the said statement the vacancies available in the post of LD Typist up to 28.3.2009 were reported and Public Service Commission have effected advice against the reported vacancies. The 2nd and 3rd respondents have filed an affidavit in this Writ Petition and it is stated therin that the main list published on WPC.16088 of 2009 : 2 : 5.12.2007 had exhausted on 28.3.2009. It is further stated therein that a fresh notification was issued by the Commission and the remaining reported vacancies could be filled up only from the ranked list to be drawn pursuant to the said notification. The petitioner did not dispute the factum of exhaustion of the main list on 28.3.2009. A supplementary list cannot outlive the main list. It is a settled position as per the decision reported in Nair Service Society Vs. District Officer, Kerala Public Service Commission (2003(3)KLT 1126)SC. In the circumstances the petitioner is not entitled to the relief sought for in the writ petition for the purpose of seeking advice and appointment from Ext.P2 rank list. As noticed herein before, vacancies existing in various departments which were reported to the Commission after the exhaustion of the main list could only be filled up from a subsequently drawn ranked list. The Writ Petition is therefore, dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A. To Judge