IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 WP(C).No. 32528 of 2010(M) PETITIONER: --------------- SMITHAM.T.A., AGED 41 YEARS, W/O.AMBADI S.POOMKAVANAM, POOMKAVANAM HOUSE, KANDACHIRA, PERINADU, KOLLAM DISTRICT. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: --------------- 1. THE STATE OF KERALA REP.BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001. 4. THE KERALA PUBLIC SERVICE COMMISSION PATTOM, THIRUVANANTHAPURAM. STANDING COUNSEL FOR KPSC SRI.ALEXANDER THOMAS GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 32528 OF 2010 M ------------------------------------------------------ Dated this the 2nd day of November, 2010 JUDGMENT The petitioner was included in the supplementary list of Ezhava community in Ext.P4 rank list. However, she was not appointed as her turn did not come up. 2. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a writ of mandamus or any other appropriate writ order or direction directing the 4th respondent to issue advice memo to the petitioner at the earliest without fail. (ii) To issue a writ of mandamus or any other appropriate writ order or direction directing the 4th respondent to enlarge the main list after considering the total number of vacancies existed in the State. W.P.(C) NO.32528 OF 2010 M :: 2 :: (iii) To issue a writ of mandamus or any other appropriate writ order or direction directing the 2nd and 3rd respondents to report the existing vacancies including Non Joining duty (NJD) to the 4th respondent. (iv) To issue appropriate order or direction as this Hon'ble Court may deem fit and necessary in the facts and circumstances of the case.” 3. The learned Standing Counsel appearing for the Kerala Public Service Commission submitted that the rank list was exhausted by advising all the candidates in the main list. Recording the similar submission, I had dismissed W.P.(C) No.13241 of 2009 by the judgment dated 18.10.2010. That Writ Petition was also in respect of the same rank list as involved in the present case. 4. Since the rank list is exhausted, the reliefs prayed for in the Writ Petition have become infructuous. It is not necessary therefore, to consider the submission made by the Standing Counsel for the Kerala Public Service Commission that the prayer for enlarging the main list is highly belated. W.P.(C) NO.32528 OF 2010 M :: 3 :: For the aforesaid reasons, the Writ Petition is dismissed as infructuous. (K.T.SANKARAN) Judge ahz/