IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16088 of 2009(E)
1. MARY STEPHEN
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :SRI.ALEXANDER THOMAS,SC,KPSC
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :15/02/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P. (C) No. 16088 OF 2009
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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