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Kerala High Court

Sheebakumary S vs State Of Kerala on 14 October, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:76460
        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

TUESDAY, THE 14TH DAY OF OCTOBER 2025 / 22ND ASWINA, 1947

                 WP(C) NO. 33953 OF 2025

PETITIONER:

         SHEEBAKUMARY S
         AGED 40 YEARS
         D/O. CHANDRASEKHARAN PILLAI, BUNGLAVILVEEDU,
         KARIMPINPUZHA. P. O, KOLLAM, PIN - 691507


         BY ADVS.
         SMT.MOLTY MAJEED
         SHRI.C.A.MAJEED
         SHRI.K.H.ASIF
         SHRI.P.B.UNNIKRISHNAN NAIR
         SMT.SHERIN BIJU



RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY THE PRINCIPAL SECRETARY,
         PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT
         (P&ARD), GOVERNMENT OF KERALA, GOVERNMENT
         SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

    2    THE CHIEF SECRETARY
         GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM, PIN - 695001

         BY ADV SMT. ANIMA M., GOVERNMENT PLEADER

  THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                                      2025:KER:76460
WP(C) NO. 33953 OF 2025

                                 2




                       N. NAGARESH, J.
                ----------------------
                 W.P.(C) No.33953 of 2025
            ------------------------------
           Dated this the 14th day of October, 2025



                         JUDGMENT

Petitioner states that the petitioner belongs to Economically Weaker Section (EWS). She is a TTC holder and has qualified KTET. The petitioner is eligible for employment as Lower Primary School Assistant.

2. According to the petitioner, the 103rd Constitutional Amendment Act, 2019 introduced reservation for EWS under Articles 15(6) and 16(6) in the Constitution of India. However, unlike SC, ST and OBC Categories, no age relaxation has been granted to EWS candidates, resulting in discrimination and ineffective implementation of the constitutional mandate.

3. Petitioner points out that the Kerala Co-operative Service Examination Board has already granted age 2025:KER:76460 WP(C) NO. 33953 OF 2025 3 relaxation to EWS candidates as can be seen from Ext.P4. The petitioner is also entitled to similar age relaxation. The petitioner has submitted Ext.P6 representation before the 1st respondent in this regard. Unless the 1st respondent grants age relaxation, the petitioner will be put to untold hardship and loss.

4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

5. The request of the petitioner is to grant age relaxation to EWS candidates, treating them on par with SC, ST and OBC category candidates. Prima facie this is a policy matter. The petitioner has preferred Ext.P6 representation before the 1st respondent in this regard. In the facts of the case, it would be only just and proper that the 1 st respondent considers Ext.P6 representation, in accordance with law.

The writ petition is disposed of directing the 1 st respondent to consider Ext.P6 representation and take 2025:KER:76460 WP(C) NO. 33953 OF 2025 4 appropriate decision thereon within a period of three months, after giving an opportunity of hearing to the petitioner.

Sd/-

N. NAGARESH JUDGE Mn 2025:KER:76460 WP(C) NO. 33953 OF 2025 5 APPENDIX OF WP(C) 33953/2025 PETITIONER EXHIBITS Exhibit.P-1 A TRUE COPY OF THE TTC CERTIFICATE NO.103847 DATED 15/10/2009 OF THE PETITIONER Exhibit.P-2 A TRUE COPY OF THE K-TET CERTIFICATE NO. KTET-I 22100789 DATED 12/05/2023 OF THE PETITIONER Exhibit.P-3 A TRUE COPY G.O. (P) NO.14/2020/P&ARD DATED 23/10/2020 Exhibit.P-4 A TRUE COPY OF THE NOTIFICATION NO.

10/2025 DATED 25/03/2025 ISSUED BY KERALA CO-OPERATIVE SERVICE EXAMINATION BOARD Exhibit.P-5 A TRUE COPY OF THE INTERIM ORDER DATED 14/02/2025 IN AADITYA NARAYAN PANDEY V. UNION OF INDIA & ORS. (W.P. NO.

14695/2024) OF THE HON'BLE HIGH COURT OF MADHYA PRADESH, JABALPUR BENCH Exhibit.P-6 A TRUE COPY OF REPRESENTATION DATED 03/08/2025 SUBMITTED TO THE 1ST RESPONDENT