Kerala High Court
Subhash.V vs Kerala Public Service Commission on 28 March, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:27206
WP(C) NO. 36774 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947
WP(C) NO. 36774 OF 2023
PETITIONER/S:
1 SUBHASH.V
AGED 40 YEARS
S/O GOPALAKRISHNAN V, GOKULAM HOUSE,
PUTHUKKUDIPARAMBA,MANJERI-POST,MALAPPURAM, PIN - 676121
2 MOHAMMAD RIYAS.P
AGED 29 YEARS
S/O
ALAVIKUTTY.P,PUZHAKKAL(H),PONMALA.P.O,POOVAD,PONMALA,
MALAPPURAM, PIN - 676528
3 CHANDRALEKHA.E.R
AGED 42 YEARS
D/ORAMACHANDRAN,ELAYIDATH(H),MUDUR(PO),VATTAMKULAM,
MALAPPURAM, PIN - 679578
4 VIPIN VG
AGED 34 YEARS
S/O VIJAYAN,VIJAYAVILASOME,MANOOR,DALUMUGHOM P.O,
TRIVANDRUM, PIN - 695125
BY ADVS.
DINOOP P.D.
M.R.SUDHEENDRAN
SARITHA NANDANAN
RESPONDENT/S:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS CHAIRMAN, PATTAM, TRIVANDRUM, PIN -
695001
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WP(C) NO. 36774 OF 2023
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2 STATE OF KERALA
REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT,
SECRETARIAT, TRIVANDRUM, PIN - 695001
3 THE MANAGING DIRECTOR
THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) HEAD
OFFICE, COBANK TOWERS. P.B. NO. 6515, VIKAS BHAVAN P.O
PALAYAM, THIRUVANANTHAPURAM, PIN - 695001
4 THE MANAGING DIRECTOR
KERAFED WATER WORKS COMPOUND VELLAYAMBALAM, VIKAS BHAVAN
P.O, THIRUVANANTHAPURAM, PIN - 695033
5 THE ADMINISTRATOR
THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL
DEVELOPMENT BANK LTD, HEAD OFFICE, POST BOX NO. 56
STATUE, THIRUVANANTHAPURAM, PIN - 695001
6 THE MANAGING DIRECTOR
KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVELOPMENT LTD, MATSYAFED, KAMALESWARAM, MANACAUD P.O,
THIRUVANANTHAPURAM, PIN - 695009
7 THE CHAIRMAN
KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD
‘MILMA BHAVAN', PATTOM PALACE P.O,
HIRUVANANTHAPURAM, PIN - 695004
8 THE MANAGING DIRECTOR
KERALA STATE FEDERATION OF SC/ST DEVELOPMENT CO-
OPERATIVES LTD. FEDERATION COMPOUND A.K.G NAGAR ROAD,
PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695005
9 THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD
REPRESENTED BY ITS CHAIRMAN, POST BOX NO.2024, GANDHI
NAGAR, KOCHI, PIN - 682020
10 THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD
REPRESENTED BY ITS MANAGING DIRECTOR, POST BOX NO.
1896,KALOOR, KOCHI ERNAKULAM, PIN - 682017
11 THE KERALA STATE CO-OPERATIVE RUBBER MARKETING
FEDERATION LTD
REPRESENTED BY ITS MANGING DIRECTOR, POST BOX NO.15,
GANDHI NAGAR KOCHI, PIN - 682020
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WP(C) NO. 36774 OF 2023
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12 THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD
REPRESENTED BY ITS MANGING DIRECTOR, GANDHI NAGAR,
ERNAKULAM, KOCHI, PIN - 682020
13 THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION
LTD
REPRESENTED BY ITS PRESIDENT, POST BOX NO. 4616,
ALAPPUZHA, PIN - 688012
14 THE KERALA STATE HANDLOOM WEAVER'S CO-OPERATIVE SOCIETY
LTD
REPRESENTED BY ITS MANGING DIRECTOR POST BOX NO. 64,
OOTTUKUZHI, THIRUVANANTHAPURAM, PIN - 695001
15 THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL CO-
OPERATIVE SOCIETY LTD
REPRESENTED BY ITS MANGING DIRECTOR POST BOX NO. 262
INDUSTRIAL DEVELOPMENT PLOC(H&C COMPOUND) MUNDAKKAL WEST
KOLLAM, PIN - 691001
16 THE KERALA STATE HANDICRAFT APEX CO-OPERATIVE SOCIETY
LTD
REPRESENTED BY ITS MANAGER, MANNANCHERIL BUILDING,
KANNANTHODATH LANE, VALANJAMBALAM, ERNAKULAM,COCHIN, PIN
- 682016
17 THE KERALA STATE CO-OPERATIVE TEXTILE FEDERATION LTD
REPRESENTED BY ITS MANGING DIRECTOR, TC 4/1759,
MUTHUSWAMY LANE, DEVASWOM BOARD JUNCTION,
THIRUVANANTHAPURAM, PIN - 695003
BY ADVS.
GILBERT GEORGE CORREYA
Manu Govind
Nisha George
T.P.PRADEEP
LATHA ANAND
M.SASINDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 36774 OF 2023
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JUDGMENT
The petitioner, who participated in the selection process for the post of Accountant in the Apex Societies of Co-operative Sector, Kerala in pursuance to the notification dated 16.11.2020, issued by the Kerala Public Service Commission has approached this court in the present writ petition for the following reliefs:-
" i. Declare that all the vacancies of accountant which arose in the 3rd respondent bank till 27/03/2023, the date of Exhibit P- 4 Special rules, are liable to be filled up from Exhibit P-2 rank list and issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 & 3 to report all the vacancies of accountant which arose in the 3rd respondent bank till 27/03/2023, including the vacancies against which temporary hands are working, to the first respondent, within a time limit to be prescribed by this honorable Court.
ii. Declare that all the vacancies of accountant which arose in the 4th respondent KERAFED till 29/09/2022, the date of Exhibit P-5 Special rules, are liable to be filled up from Exhibit P-2 rank list and issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to report all the vacancies of accountant which arose in the 4th respondent till 29/09/2022, including the vacancies against which temporary hands are working, to the first respondent, within a time limit to be prescribed by this honorable Court.
iii. Issue a writ of mandamus directing the respondents 5 to 17 to report all the vacancies of accountants including the vacancies against which temporary hands are working, to the first respondent for appointment from 2025:KER:27206 WP(C) NO. 36774 OF 2023 5 Exhibit P-2 rank list, without any delay. iv. Direct the first respondent to advise candidates for appointment against all the reported vacancies of accountant and the vacancies to be reported for appointment from Exbt. P-2 rank list v Grant such other relief as this Honorable Court may deem fit."
2.The rank list dated 25.07.2023 is still valid since three years have not expired. During the currency of the rank list, eight more vacancies have been intimated to the KPSC by MATSYAFED, the 6th respondent, to be filled up by the rank list in Ext.P2.
3.Ms. Jeoana James, learned counsel appearing for the KPSC submits that the vacancies have been intimated only on 18.03.2025 and the KPSC will take the steps for sending the advice to the candidates from the rank list.
4.The learned counsel for the 6th respondent submits that the KPSC must also be informed of one more vacancy for making advice, and the said vacancy shall also be informed to the KPSC very soon.
In view of the aforesaid, the KPSC is directed to send advice in respect of the vacancy intimated for sending advice 2025:KER:27206 WP(C) NO. 36774 OF 2023 6 from the Ext.P2 rank list for making an appointment by the 6 th respondent at an early date.
With the aforesaid direction, the present writ petition is disposed of.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:27206 WP(C) NO. 36774 OF 2023 7 APPENDIX OF WP(C) 36774/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTIFICATION DATED 16/11/2020 ISSUED BY THE FIRST RESPONDENT IS PRODUCED Exhibit P2 A TRUE COPY OF THE RANK LIST NO.620/2023/ER IIA WHICH CAME INTO FORCE WITH EFFECT FROM 25/07/2023 IS PRODUCED Exhibit P3 A TRUE COPY OF THE REPLY DATED 13-3-2023 RECEIVED UNDER THE RTI ACT IS PRODUCED Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF THE SPECIAL RULES(G.O.(P)NO.87/2023/CO-OP) DATED 24/03/2023 IS PRODUCED Exhibit P5 A TRUE COPY OF THE RELEVANT PORTION OF THE SPECIAL RULES(G.O.(MS)NO.83/2022/AGRI) DATED 29/09/2022 IS PRODUCED Exhibit P6 A TRUE COPY OF THE INFORMATION OBTAINED UNDER THE RIGHT TO INFORMATION ACT DATED ON24/06/2023 IS PRODUCED RESPONDENT EXHIBITS Ext. R3(a) True copy of full Text of recruitment rules dated 24/03/2023.
Exhibit R7(a) True copy of the letter.No.PER:7/2012/6673 dated 11/11/2023 submitted by the 7th respondent to the Secretary, Kerala Public Service Commission PETITIONER EXHIBITS EXHIBIT P-7 A TRUE COPY OF THE NOTIFICATION NO. 225/2017 DATED 28/6/2017 EXHIBIT P-8 A TRUE COPY OF THE STATUS OF POST OBTAINED FROM THE FIRST RESPONDENT WEBSITE 2025:KER:27206 WP(C) NO. 36774 OF 2023 8 EXHIBIT P-9 A TRUE COPY OF THE NOTIFICATION NO.410/2019 DAED 30/12/2019 EXHIBIT P-10 A TRUE COPY OF THE STATUS OF POST FROM KSPSC SITE