IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 16441 of 2008(G) -------------------------- PETITIONER(S): ------------------ MINI N.P., MANDARATHIL PISHARM, KOLATHUR P.O., MALAPPURM. BY ADV. SRI.M.V.BOSE RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, THIRUVANANTHAPURAM. 3. THE PUBLIC SERVICE COMMISSION, REPRESENTED BY ITS SECRETARY, PATTOM, THIRUVANANTHAPURAM. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION DISTRICT OFFICER, MALPPURAM. 5. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 6. THE DISTRICT MEDICAL OFFICER OF HEALTH, MANJERI, MALAPPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1,2,5,6 SRI.ALEXANDER THOMAS, SC, PSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.16441/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF RANK LIST FOR the POST OF JUNIOR PUBLIC HEALTH NURSE, GR.II IN THE HEALTH SERVICES DEPARTMENT. EXT.P2: TRUE COPY OF CIRCULAR DT 22.7.92. EXT.P3: TRUE COPY OF CIRCULAR DT 12.2.2001. EXT.P4: TRUE COPY OF APPLICATION FROM PETITIONER'S HUSBAND BEFOR ETHE DMO MANJERI DT 24.3.2008. EXT.P5: TRUE COPY REPLY DT 15.4.2008 FROM PUBLIC INFORMATION OFFICER TO PETITIONER'S HUSBAND. EXT.P6: TRUE COPY OF APPLICATION FROM PETITIONER'S HUSBAND BEFORE THE DMO MALAPPURAM. EXT.P7: TRUE COPY OF REPLY DT 19.5.2008 DMO MANJERI TO PETITIONER'S HUSBAND. EXT.P8: TRUE COPY OF APPLICATION DT 20.5.2008 FROM PETITIONER AND ANOTHER BEFORE 1ST RESPONDENT. EXT.P9: TRUE COPY OF GO DT 22.4.1971. EXT.P10: COPY OF DETAILS OF LEAVE VACANCIES. EXT.P11: COPY OF THE LEAVE APPLICATION DT 25.8.2007 OF SUJA K.M. EXT.P12: COPY OF LETTER DT 25.1.2008 FROM MEDICAL OFFICE, PHC, MOORKANAD, TO DISTRICT MEDICAL OFFICER, (HEALTH), MANJERI. EXT.P13: TRUE COPY OF ORDER DT 3.6.2008 IN WPC NO.16441/2008. EXT.P14: TRUE COPY OF SHORT LIST FOR THE POST OF JUNIOR PUBLIC HEALTH NURSE GRADE II, PUBLISHED VIDE NOTIFICATION DT 16.11.2009. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 16441 OF 2008 (G) ===================== Dated this the 17th day of December, 2009 J U D G M E N T Ext.P1 is the ranked list published by the PSC for appointment to the post of Junior Public Health Nurses Grade II in Malappuram District. Petitioner is Rank No.39. According to her, 37 persons have already been advised and despite the existence of vacancies, vacancies were not reported. Therefore, this writ petition is filed. 2. By order dated 3/6/2008, this Court directed the respondents to report 5 vacancies before 4/6/2008 taking into account the fact that list was expiring on 5/6/2008. This has been done. Petitioner states that there are vacancies available and that therefore candidates should be advised from the list. 3. However, as rightly pointed out by the learned Government Pleader, out of the 5 vacancies thus reported, 3 were maternity leave vacancies and that the persons have rejoined duty. In so far as the remaining two are concerned, learned Government Pleader submits that candidates have already been advised by the PSC. It is also pointed out that the list has expired WPC 16441/08 :2 : on 5/6/2008. 4. In the facts as stated above, the list having expired and the vacancy position is as above, there arise no question of any further reporting of vacancies or advising candidates from Ext.P1 list. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp