Judgment :-

K.S. Radhakrishnan, J.

1. Leave granted.

2. The Kerala Public Service Commission (in short “the Commission”) has approached this Court aggrieved by the directions given by the Division Bench of the Kerala High Court, to operate the supplementary list after the main list got exhausted.

3. The 1st Respondent herein, who figured as rank no. 3 in the Supplementary list, filed Writ Petition No. 34851 of 2010 seeking a Writ of Mandamus, directing the Commission to issue an advise memo for his appointment for the post of Higher Secondary School Teacher-English (Junior) in a vacancy occurred due to non-joining of 2nd respondent herein. Learned Single Judge of the High Court dismissed the writ petition on 9.12.2010 holding that once the main list got exhausted, the supplementary list could not be kept alive. Review Petition No. 89 of 2011 filed against the judgment was also dismissed.

4. Aggrieved by the said judgment, 1st respondent herein filed Writ Appeal No. 871 of 2011 before the Division Bench of the Kerala High Court. It was contended that 1st respondent had secured 3rd rank in the supplementary list and he was entitled to get appointment in the reservation quota of Ezhava com