IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 W.A.No. 1775 of 2009() --------------------- AGAINST THE JUDGMENT IN WPC.21429/2008 Dated 24/06/2009 APPELLANT: PETITIONER SMITHA V.P, W/O.OF SREEKUMAR B, C.TYPE QUARTERS, 110 K.V. SUB STATION, CHEVAYOOR, KOZHIKODE-17. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: RESPONDENTS 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE KERALA PUBLIC SERVICE COMMISSION, PATTOM, THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. BY GOVT. PLEADER SMT.N.SUDHA DEVI-R1,R2 SRI.ALEXANDER THOMAS-R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1775 OF 2009 --------------------------------------------- Dated this the 10th day of August, 2009 JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. The rank list in which the petitioner was included expired on 29.7.2007. Long thereafter only, the Writ Petition was filed. According to the Kerala Public Service Commission, there was no vacancy to advice the petitioner. Even if one more vacancy was reported before the expiry of the rank list, the advice should have been given to another candidate, who was added as rank No.3 in Category No.I. Only after exhaustion of Category No.I, candidates in Category No.II can be advised. In view of the above position, the Writ Petition was dismissed. The above facts speak for themselves. We find no reason to take a different view. Accordingly, the Writ Appeal is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ 2 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1775/2009 JUDGMENT 10th August, 2009 3