Kerala High Court
Meera Satheesh vs The Kerala Public Service Commission on 21 January, 2025
Author: D. K. Singh
Bench: D. K. Singh
2025:KER:4384
WP(C) NOs. 27754 of 2022 and 24046 OF 2023
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 27754 OF 2022
PETITIONER/S:
1 MEERA SATHEESH
AGED 38 YEARS
D/O. K.V.SATHEESH CHANDRA RAJ, CHAYAMUKHI, 105/5,
PADMAVILASOM LANE, PEROORKADA, TRIVANDRUM-695005 (RANK
4276).
2 VIDYA.L,
AGED 36 YEARS
W/O. ANIL KUMAR.R.S, QUARTER NO. E-102, SAINIK SCHOOL PO,
TRIVANDRUM-695585 (RANK 3685).
3 GOPIKA.P.NATH,
AGED 33 YEARS
W/O.KRISHNA KUMAR, GOPIKA VIHAR, MALAYIL, VELIYAM PO,
KOLLAM-691540 (RANK 3731).
4 AJAYAN KARUNAKARAN,
AGED 31 YEARS
S/O.A.N.KARUNAKARAN, PUTHENVELICHIRA, VECHUR PO, VAIKKOM,
KOTTAYAM-686144 (RANK 4121)
5 NIYAS SALIM,
AGED 34 YEARS
S/O.SALIM, VILAYAL NIYAZ MANZIL, PATTAZHI NORTH,
CHELIKKUZHY PO, KOLLAM-691556 (MUSLIM SUPPLEMENTARY 167).
BY ADVS.
C.UNNIKRISHNAN (KOLLAM)
D.JAYAKRISHNAN
ANANDA PADMANABHAN
MAHESH CHANDRAN
VIJAYKRISHNAN S. MENON
UTHARA A.S
2025:KER:4384
WP(C) NOs. 27754 of 2022 and 24046 OF 2023
2
VIVEK NAIR P.
RESPONDENT/S:
1 THE KERALA PUBLIC SERVICE COMMISSION
THULASI HILLS, PATTOM PO, THIRUVANANTHAPURAM-695004
REPRESENTED BY ITS SECRETARY.
2 THE KERALA WATER AUTHORITY,
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM-695033
REPRESENTED BY ITS MANAGING DIRECTOR.
3 THE MANAGING DIRECTOR
(APPOINTING AUTHORITY FOR LDC POST), THE KERALA
AUTHORITY, JALABHAVAN, VELLAYAMBALAM, WATER
THIRUVANANTHAPURAM-695033.
BY ADVS.
SHRI.P.C.SASIDHARAN, SC, KPSC
GEORGIE JOHNY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2025, ALONG WITH WP(C).24046/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:4384
WP(C) NOs. 27754 of 2022 and 24046 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 21ST DAY OF JANUARY 2025 / 1ST MAGHA, 1946
WP(C) NO. 24046 OF 2023
PETITIONER/S:
1 MEERA SATHEESH
AGED 38 YEARS
D/O.K.V.SATHEESH CHANDRA RAJ, CHAYAMUKHI, 105/5,
PADMAVILASOM LANE, PEROORKADA, TRIVANDRUM (RANK 4276),
PIN - 695005
2 VIDYA.L
AGED 36 YEARS
W/O. ANIL KUMAR.R.S, QUARTER NO. E-102, SAINIK SCHOOL PO,
TRIVANDRUM (RANK 3685), PIN - 695585
3 GOPIKA.P.NATH
AGED 33 YEARS
W/O.KRISHNA KUMAR, GOPIKA VIHAR, MALAYIL, VELIYAM PO,
KOLLAM (RANK 3731), PIN - 691540
4 AJAYAN KARUNAKARAN
AGED 31 YEARS
S/O.A.N.KARUNAKARAN, PUTHENVELICHIRA, VECHUR PO, VAIKKOM,
KOTTAYAM (RANK 4121), PIN - 686144
5 NIYAS SALIM
AGED 34 YEARS
S/O.SALIM, VILAYAL NIYAZ MANZIL, PATTAZHI NORTH,
CHELIKKUZHY PO, KOLLAM (MUSLIM SUPPLEMENTARY 167), PIN -
691556
BY ADVS.
VIVEK NAIR P.
C.UNNIKRISHNAN (KOLLAM)
NIDHI BALACHANDRAN
ANANDA PADMANABHAN
2025:KER:4384
WP(C) NOs. 27754 of 2022 and 24046 OF 2023
4
UTHARA A.S
VIJAYKRISHNAN S. MENON
GOUTHAM KRISHNA U.B.
D.JAYAKRISHNAN(K/975/2006)
RESPONDENT/S:
1 KERALA PUBLIC SERVICE COMMISSION
THULASI HILLS, PATTOM PO, THIRUVANANTHAPURAM REPRESENTED
BY ITS SECRETARY, PIN - 695004
2 KERALA WATER AUTHORITY
JALABHAVAN, VELLAYAMBALAM, THIRUVANANTHAPURAM REPRESENTED
BY ITS MANAGING DIRECTOR, PIN - 695033
3 MANAGING DIRECTOR (APPOINTING AUTHORITY FOR LDC POST)
KERALA WATER AUTHORITY, JALABHAVAN, VELLAYAMBALAM,
THIRUVANANTHAPURAM, PIN - 695033
4 SARIKA T.S
ARUN NIVAS, PULLIKKANAKKU (P.O.), KAYAMKULAM, ALAPPUZHA,
PIN - 690537
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2025, ALONG WITH WP(C).27754/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:4384
WP(C) NOs. 27754 of 2022 and 24046 OF 2023
5
JUDGMENT
The petitioners had applied in pursuance to the advertisement issued by the Kerala Public Service Commission ('KPSC' for short) for the post of Lower Division Clerk ('LDC' for short) in different Government undertakings/organizations including the Kerala Water Authority ('KWA' for short). The select / rank list was published on 31.12.2019 in Ext.P1 for the post of Junior Assistant / Cashier / Assistant Grade-II ETC - (Statewide) on a scale of pay as prescribed by KSFE LTD / KSCDC/ Malabar Cements ETC. It appears that because the qualifications for the appointment in KWA are different, this select list does not include the post in KWA. The petitioners' names appear in this rank list in Ext.P1.
2.It appears that there were 145 substantive vacancies available in the KWA. Some of the petitioners who are in the rank list dated 31.12.2019 moved a W.P© No. 12135/2022 before this court, for a direction to KWA to send a requisition to the KPSC for filling up these 145 posts. KWA had reported the vacancies 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 6 on 29.05.2022, and in view of the aforesaid, the writ petition was disposed of with a direction to the KPSC to take appropriate steps in accordance with law to make the advice at the earliest.
3.The KPSC filed review petition No. 521/2022 seeking review of the judgment dated 03.06.2022 passed in W.P© No. 12135 of 2022. In the review petition, the KPSC stated that a notification inviting applications for filling the post of LDC in the KWA was issued on 16.07.2012. The qualifications notified in terms of the rule were a degree in any discipline and a certificate in Data Entry and Office Automation awarded by government- approved institutions.
4. The KPSC also pointed out that this court, vide the judgment in W.P© No. 24279 of 2012, set aside the said notification and directed the KPSC to issue a fresh notification since the candidates possessing the qualification of Diploma in Computer Application had also applied to the post and were likely to be considered for selection.
5.The commission had rejected the application of around 590 candidates who possessed a Diploma in Computer 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 7 Application. However, the learned Single Judge directed to consider their applications who were possessing DCA certificate.
6. Aggrieved by the said decision of the learned Single Judge, in W.P © No. 24279/2012, the Commission preferred Writ Appeal No. 1501/2015. An interim order was passed by the Division Bench of this Court so far as the direction was issued by the learned Single Judge for renotifying the post. The Division Bench vide the judgment dated 13.06.2022, allowed the writ appeal holding that the directions issued by the learned Single Judge were not warranted in the facts of the case, the judgment of the learned Single Judge was set aside, and the writ petition was also dismissed, with direction to the commission to proceed with the selection process.
7.It is also stated that earlier selection in respect of the vacancies was stayed, and it is only by the judgment of the learned Division Bench dated 13.06.2022 in W.A No. 1501/2015, the Commission was allowed to go ahead with the selection process. Therefore, those vacancies cannot be filled by holding 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 8 a fresh selection.
8.The learned Single Judge, vide the judgment dated 02.08.2022 passed in R.P No. 521/2022, reviewed the earlier judgment dated 03.06.2022 in W.P© No. 12135 of 2022. The learned Single Judge permitted the KPSC to advise in respect of the vacancies, taking note of the judgment in writ appeal as well as the consultation with the appointment authority.
9.The judgment of the Division Bench in Writ Appeal No. 15.01/52015 dated 13.06.2022 was challenged before the Supreme Court in Civil Appeal No. 12173/12174 of 2024 by the candidates with DCA or higher educational qualifications. The Supreme Court, though, put the blame on the KPSC for the delay in concluding the selection process, however, it upheld the judgment of the Division Bench for non-suiting candidates with DCA / higher qualifications. Thus, the matter stands concluded that the persons having DCA / higher qualifications could not make applications to the post of LDC in KWA.
10.In view of the judgment passed by the learned Division Bench and the Supreme Court, the KPSC is taking steps to send 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 9 advice for filling up the post of LDC in KWA, in pursuance to the select list/rank list published after the judgment passed by the Division Bench in Ext.P11 dated 14.07.2023 for which the notification was issued on 16.07.2012 and the rank list could not be published because of the pending litigation till it got finalized by the Division Bench judgment dated 13.06.2022 in W.A No. 1501/2015 and judgment in the review petition No.521/2022 in W.P© No. 12135 of 2022.
11.The learned counsel for the petitioner submits that the commission should not send the advice in respect of the select list dated 14.07.2023. He further submits that 143/145 vacancies were intimated by the KWA at the instance of the petitioners and fresh selection should be made in respect of those vacancies, and the said vacancies should not be filled up from the select list dated 14.07.2023 in Ext.P11.
12.The learned Standing Counsel for the KPSC submits 145 vacancies, would include the vacancies that are the subject matter of the selection for which the select list has been issued in Ext.P11. Those vacancies cannot be filled up with fresh 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 10 selection inasmuch as the learned Division Bench itself has directed for sending advice and completing the selection process for which the notification was issued on 16.07.2012. The same stand has been taken by the KWA also.
13.It is not in dispute that the petitioners were nowhere when the notification dated 16.07.2012 was issued by the KPSC inviting the applications for filling up the post of LDC in KWA. The selection could not be completed because of the pending litigation till the Division Bench finally decided the issue in W.A No.1501/2015 and permitted the KPSC to go ahead with the selection process. The petitioners cannot have a claim in respect of the vacancies that were advertised by notification dated 16.07.2012, and therefore, the stand of the petitioners that select list dated 14.07.2023 cannot be acted upon has no substance. When the petitioners were not even applicants in respect of the posts which were advertised by the notification dated 16.07.2012 for which the select list has been published only on 14.07.2023 because of the pendency of the litigation before this court, the writ petitions for quashing of the select list 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 11 or issuing a writ of mandamus directing the KPSC not to send the advice for filling up the vacancies for the select list dated 14.07.2023 does not have any merit. Thus, I find no substance in this writ petition which is hereby dismissed.
Sd/-
D. K. SINGH JUDGE SJ 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 12 APPENDIX OF WP(C) 24046/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE RANKED LIST FOR CATEGORY NO. 399/2017 BROUGHT INTO FORCE FROM 31.12.2019 Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 03.06.2022 IN WPC 12135/2022 Exhibit P3 TRUE COPY OF REVIEW PETITION 521/2022 DATED 09.06.2022 FILED BY KPSC Exhibit P4 TRUE COPY OF THE ORDER DATED 02.08.2022 IN RP 521/2022 Exhibit P5 TRUE COPY OF RELEVANT PAGES OF THE KERALA WATER AUTHORITY (ADMINISTRATIVE, MINISTERIAL, AND LAST GRADE) SERVICE RULES, 2011, BEARING G.O.(P) NO. 19/2011/WRD DATED 01/03/2011 Exhibit P6 TRUE COPY OF GO(P) NO. 27/2016/WRD DATED 11.11.2016 KERALA WATER AUTHORITY (ADMINISTRATIVE, MINISTERIAL, AND LAST GRADE) SERVICE (AMENDMENT) RULES, 2016 Exhibit P7 TRUE COPY OF NOTIFICATION FOR CATEGORY NO.345/2012 VIDE GAZETTE DATED 16.07.2012 Exhibit P8 TRUE COPY OF THE CASE DETAILS PAGE OF WA 1501/2015 TAKEN FROM THE OFFICIAL WEBSITE OF THIS HON'BLE COURT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 13.06.2022 IN WA 1501/2015 Exhibit P10 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 27.10.2022 FILE BY THE KPSC IN WPC 27754/2022 Exhibit P11 TRUE COPY OF THE RANKED LIST FOR CATEGORY 345/2012 BROUGHT INTO EFFECT FROM 14.07.2023 2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 13 APPENDIX OF WP(C) 27754/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF THE RANKED LIST FOR CATEGORY NO. 399/2017 BROUGHT INTO FORCE FROM 31.12.2019.
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 03.06.2022 IN WPC 12135/2022.
Exhibit P3 TRUE COPY OF REVIEW PETITION 521/2022 DATED 09.06.2022 FILED BY KPSC.
Exhibit P4 TRUE COPY OF ORDER DATED 02.08.2022 IN RP 521/2022.
Exhibit P5 TRUE COPY OF RELEVANT PAGES OF THE KERALA ATER AUTHORITY (ADMINISTRATIVE, MINISTERIAL, AND LAST GRADE) SERVICE RULES, 2011.
Exhibit P6 TRUE COPY OF GO(P) NO. 27/2016/WRD DATED 11.11.2016KERALA WATER AUTHORITY (ADMINISTRATIVE, MINISTERIAL, AND LAST GRADE) SERVICE (AMENDMENT) RULES, 2016.
Exhibit P7 TRUE COPY OF NOTIFICATION FOR CATEGORY NO.345/2012 VIDE GAZETTE DATED 16.07.2012. Exhibit P8 TRUE COPY OF THE CASE DETAILS PAGE OF WA 1501/2015 TAKEN FROM THE OFFICIAL WEBSITE OF THIS HON'BLE COURT.
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 13.06.2022 IN WA 1501/2015.
Exhibit P10 TRUE COPY OF THE RELEVANT PAGES OF THE EXAMINATION PROGRAMME FOR THE MONTH OF NOVEMBER, 2022 WITH NO.11/2022 DATED 22.08.2022 .
Exhibit P11 TRUE COPY OF THE RTI APPLICATION DATED 10.10.2022 SUBMITTED BY THE 1ST WRIT PETITIONER.
2025:KER:4384 WP(C) NOs. 27754 of 2022 and 24046 OF 2023 14 Exhibit P12 TRUE COPY OF THE RTI REPLY NO.30235/E10/2022/KWA DATED 18.10.2022.