Kerala High Court
Aby K. A vs State Of Kerala on 14 February, 2025
Author: D. K. Singh
Bench: D. K. Singh
WP(C) NO. 6428 OF 2023
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2025:KER:12859
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 14TH DAY OF FEBRUARY 2025 / 25TH MAGHA, 1946
WP(C) NO. 6428 OF 2023
PETITIONERS:
1 ABY K. A
AGED 38 YEARS
S/O. ABDUL KARIM, KURIAPULLY HOUSE, ARATTU VAZHI, ERIYAD
P.O, KODUNGALLUR, TRISSUR, PIN - 680666
2 ANEESA K M P
AGED 29 YEARS
D/O. ABDURAHIMAN, KARUTHA MOIDEENKUTTINTE PURACKAL,
ARIYALLUR P.O, MALAPPURAM, PIN - 676312
3 SABEER S
AGED 34 YEARS
S/O. SHAMSUDEEN, PUTHUVEEDU, PAZHIKKARA, PARAVUR, KOLLAM,
PIN - 691301
4 SHIJI K
AGED 38 YEARS
W/O. BINUKUMAR S, KAVANEZHATH PUTHUVAL, NEENDAKARA P.O,
KOLLAM, PIN - 691582
BY ADVS.
K.S.MADHUSOODANAN
M.M.VINOD KUMAR
P.K.RAKESH KUMAR
K.S.MIZVER
M.J.KIRANKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY, FISHERIES AND PORTS (A)
DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN -
695001
2 KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
WP(C) NO. 6428 OF 2023
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DEVELOPMENT LTD.RA
NO. F (T) 738 (MATSYAFED), KAMALESWARAM, MANAKKAD P.O,
THIRUVANANTHAPURAM REPRESENTED BY MANAGING DIRECTOR., PIN -
695009
3 KERALA PUBLIC SERVICE COMMISSION,
PATTOM, THIRUVANANTHAPURAM REPRESENTED BY SECRETARY., PIN -
695004
ADV. T.P PRADHEEP - SC
ADV. BIMAL K.NATH - SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6428 OF 2023
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JUDGMENT
Dated this the 14th day of February, 2025 The petitioners state that they are from the backward classes/communities. The petitioners have filed this writ petition impugning the reservation prescribed under the Special Rules for the Kerala State Co-operative Federation for Fisheries Development Limited (MATSYAFED),2016.
2. Rule VI provides for reservation on appointments including Junior Assistant Grade II. Under the said Rule of reservation, 30% of vacancies are to be filled up by direct recruitment through PSC from the fishermen or dependents of fishermen, 50% of vacancies are to be filled up by appointments from open category candidates and 20% of vacancies are to be filled up from society quota i.e, the candidates already employed Fisheries Co-operative Societies.
3. Note to the Rule provides that the ratio of 5:3:2 shall be fixed for the recruitment to the post. It is WP(C) NO. 6428 OF 2023 4 2025:KER:12859 further provided that the Rules of reservation as per General Rules 14 to 17 of the Kerala State and Subordinate Service Rules, 1958 shall not be applied in respect of the 30% post reserved for the dependants of the fishermen. The said Rules also provides that in absence of candidates of the Society quota, the said unfilled vacancies of the 20% society quota shall be filled up by direct recruitment.
4. The learned counsel for the petitioners submits that on the one hand, no candidate belonging to the Scheduled Caste/Scheduled Tribe or the backward community can claim reservation against the 30% quota, but at the same time the persons belonging to a backward community or Scheduled caste/Scheduled Tribe of the 1st category candidates can also apply against vacancies of 50% and 20%, i.e., open category and candidates belonging to the society quota if he is working in a society. He, therefore, submits that this is a double reservation in favour of the candidates from WP(C) NO. 6428 OF 2023 5 2025:KER:12859 fishermen community as they can apply against 50% and 20% quota and claim general reservation.
5. I do not find any substance in the said submission. The 30% posts are reserved exclusively for the candidates who are fishermen and/or dependants of the fishermen, irrespective of the fact whether the fishermen or the dependants of the fishermen belong to the backward community, Scheduled Caste, Scheduled Tribe, or general category. Fishermen and dependants of fishermen are a class which has been provided reservation up to 30% for filling up the post in Matsyafed. The person who is not a fisherman or he may belong to a backward community or Scheduled Caste/Scheduled Tribe community cannot apply against the 30% post reserved for the fishermen community. However, a person who belongs to a backward community as well as belongs to fishermen community can apply in 50% and 20% vacancies and claim general reservation. As per Rule VI (4) the Rules WP(C) NO. 6428 OF 2023 6 2025:KER:12859 of reservation are not to be applied in respect of 30% quota. The reservation for SC/ST and backward communities is separate and distinct than the seats exclusively earmarked for the fishermen community. The fishermen community candidates are not claiming reservation in respect of the 30% vacancies as SC/ST or backward community and therefore, there is no question of double reservation as contended by the learned counsel for the petitioners. With respect to the 30% vacancies, any person who belongs to the fishermen community is entitled to apply and claim reservation. If a reservation is also given in 30% vacancies meant for fishermen for SC/ST and backward class candidates, then it would amount to double reservation and not otherwise. But if a candidate is claiming reservation against open category vacancies or the vacancies of the society quota, it cannot be said that he is claiming double reservation. Therefore, I do not find the Rules in any WP(C) NO. 6428 OF 2023 7 2025:KER:12859 manner violative of Articles 14 and 16 of the Constitution of India.
In view thereof, I do not find much substance in the present writ petition. Thus, the present writ petition is hereby dismissed.
Sd/-
D. K. SINGH JUDGE AP WP(C) NO. 6428 OF 2023 8 2025:KER:12859 APPENDIX OF WP(C) 6428/2023 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY 3RD RESPONDENT IN THE EXTRA ORDINARY GAZETTE DATED 16-11-2020 FOR CATEGORY NO 230/2020 Exhibit P2 PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY 3RD RESPONDENT IN THE EXTRA ORDINARY GAZETTE DATED 16-11-2020 FOR CATEGORY NO 229/2020. Exhibit P3 PHOTOCOPY OF THE NOTIFICATION PUBLISHED BY 3RD RESPONDENT IN THE EXTRA ORDINARY GAZETTE DATED 16-11-2020 FOR CATEGORY NO 231/2020 Exhibit P4 PHOTOCOPY OF THE RANKED LIST OF CATEGORY 230/ 2020 PUBLISHED BY 3RD RESPONDENT CAME INTO EFFECT FROM 23-12-2022.
Exhibit P5 PHOTOCOPY OF THE SHOW CAUSE NOTICE BEARING NO.
ERIVB(3) /2756/2022/EW DATED 09-02-2023 ISSUED TO THE 1ST PETITIONER.
Exhibit P6 PHOTOCOPY OF THE RELEVANT PAGES OF SPECIAL RULES OF MATSYAFDED BEARING G.O(P) NO. 5/2016/ F & PD DATED 17-02-2026.
Exhibit P7 PHOTOCOPY OF THE AMENDMENT SPECIAL RULES OF MATSYAFED BEARING G.O(P) NO. 41/2019/F&P DATED 02-11-2019 EXHIBIT P8 True copy of the appointment chart in category No. 230/2020 showing community with date of advice on 04-04-2023.
EXHIBIT P9 Photocopy of the appointment chart in category No. 231/2020 with date of advice on 04-04-2023 EXHIBIT P10 Photocopy of the appointment chart in Category No. 229/2020 with date of advice on 04-04-2023 EXHIBIT P5(a) True English translation of Exhibit P5 RESPONDENT EXHIBITS Exhibit R1 (a) True copy of the GO(P) No.41/2019/F and PD dated 02.11.2019