Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Kerala High Court

Syamchandran B.S vs State Of Kerala on 29 September, 2025

Author: T.R.Ravi

Bench: T.R.Ravi

                                                   2025:KER:72661
WP(C) NO. 34254 OF 2025
                                 1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                THE HONOURABLE MR. JUSTICE T.R.RAVI

  MONDAY, THE 29TH DAY OF SEPTEMBER 2025 / 7TH ASWINA, 1947

                      WP(C) NO. 34254 OF 2025

PETITIONER:

          SYAMCHANDRAN B.S.
          AGED 31 YEARS
          S/O. BALACHANDRAN K.,
          SYAMNIVAS, KAVALAYOOR P.O.,
          VARKALA, THIRUVANANTHAPURAM,
          PIN - 695144


          BY ADVS.
          SRI.C.UNNIKRISHNAN (KOLLAM)
          SHRI.M.R.SUDHEENDRAN
          SRI.D.JAYAKRISHNAN
          SHRI VIJAYKRISHNAN S. MENON
          SHRI.VIVEK NAIR P.
          SHRI.M.R.RADHAKRISHNAN
          SHRI.K.S.ARAVIND
          SHRI.G.GOWARDHAN DEV G. NAIR
          SHRI.V.ASWIN
          SMT.GARGI RAMACHANDRAN




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF DEVASWOM, SECRETARIAT,
          THIRUVANANTHAPURAM-695 001.

    2     TRAVANCORE DEVASWOM BOARD
          REPRESENTED BY ITS SECRETARY,
          DEVASWOM HEAD QUARTERS, NANDANCODE,
          THIRUVANANTHAPURAM, PIN - 695003
                                                          2025:KER:72661
WP(C) NO. 34254 OF 2025
                                  2

     3       DEVASWOM COMMISSIONER
             TRANVANCORE DEVASWOM BOARD,
             THIRUVANANTHAPURAM, PIN - 695001

     4       TRAVANCORE DEVASWOM BOARD
             REPRESENTED BY ITS SECRETARY,
             DEVASWOM HEAD QUARTERS,
             NANDANCODE, THIRUVANANTHAPURAM,
             PIN - 695003


             SRI. V. V. NANDAGOPAL NAMBIAR, SC, KERALA DEVASWOM
             RECRUITMENT.,
             SRI. V. VENUGOPAL, GOVT.PLEADER
             SRI. C.K. PAVITHRAN, SC


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   29.09.2025,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                        2025:KER:72661
WP(C) NO. 34254 OF 2025
                                  3

                            T.R. RAVI, J.
             --------------------------------------------
                     W.P.(C). No.34254 of 2025
              --------------------------------------------
            Dated this the 29th day of September, 2025

                            JUDGMENT

The petitioner seeks relaxation of age for the purpose of appointment to the post of Part Time Panchavadyam-cum-Watcher. The relevant Rule is Rule 12 of the Travancore Devaswom Board Officers and Servants Service Rules 2022. As per Rule 12, no person shall be eligible for appointment by direct recruitment, if he/she she has not completed the age of 18 years or if he/she has completed the age of 36 years, on the first day of January of the year, in which the application for appointment to the posts are invited. Relaxation is permissible in the case of upper age limit for members of Scheduled Castes, Scheduled Tribes and Other Backward Classes. The petitioner does not belong to any of the categories to which relaxation is permissible. As such, going by the Rule, the selection process cannot be faulted for fixing the upper age limit as 36. Going by the writ petition, the petitioner has already past 38 years of age. The petitioner relies on relaxation granted in Ext.P5 notification, which was issued on 11.10.2022. As per the said notification, the Recruitment Board had granted 2025:KER:72661 WP(C) NO. 34254 OF 2025 4 relaxation for persons who are working on temporary basis, up to 50 years. Petitioner claims to be similarly situated. Evidently, the relaxation granted in Ext.P5 is not one which is permitted by the Rules. When the Employer Devaswom Board itself does not have a power of relaxation as per the Rules, the Recruitment Board cannot have any such power since they are only an agency for recruiting. The counsel for the Recruitment Board submits that pursuant to the notification Ext.P5, a writ petition has been filed as W.P. (C).No.22783/2024 in which this Court had held that no relaxation can be permissible if it is against the Rules.

No grounds made out. Writ petition fails and is dismissed.

Sd/-

T.R. RAVI JUDGE Pn 2025:KER:72661 WP(C) NO. 34254 OF 2025 5 APPENDIX OF WP(C) 34254/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE DATED 03.05.2010 ISSUED TO THE PETITIONER FROM KSHETHRA KALA PEEDHOM Exhibit P2 TRUE COPY OF THE ORDER DATED 08.06.2019, ISSUED BY THE ASSISTANT DEVASWOM COMMISSIONER, VARKALA Exhibit P-3 TRUE COPY OF THE JUDGMENT DATED 26/11/2024 IN WP (C) 33651/2018 Exhibit P4 TRUE COPY OF THE NOTIFICATION DATED 01.09.2025 Exhibit.P5 TRUE COPY OF THE ABOVE NOTIFICATION DATED 11.10.2023 ISSUED BY THE FOURTH RESPONDENT