Kerala High Court
Rasheed Kuttikkadan vs State Of Kerala on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:90
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 27456 OF 2025
PETITIONER:
RASHEED KUTTIKKADAN
AGED 46 YEARS
S/O.MUHAMMED KUTTIKKADAN HOUSE
KURIKKALAMAD, VIA AREACODE
MALAPPURAM DISTRICT, PIN - 673639
BY ADVS.
SRI.K.B.SURESH
SRI.RANJAN SURESH
SMT.BINDU SREEKUMAR
SRI.GOUTHAM SREEKUMAR
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY DEPARTMENT
LOCAL SELF GOVERNMENT INSTITUTIONS ANNEX 1,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DISTRICT EMPLOYMENT OFFICER
THE DISTRICT EMPLOYMENT EXCHANGE
CIVIL STATION, MALAPPURAM, PIN - 676505
3 MANJERI MUNICIPALITY
REPRESENTED BY ITS SECRETARY MANJERI,
MALAPPURAM, PIN - 676121
4 FAWAS,
AGED 34 YEARS
S/O.ABDUL KAREEM, PARAMBAN HOUSE,
NSS COLLEGE P.O., MANJERI, MALAPPURAM, PIN - 676122
2026:KER:90
W.P.(C) No.27456/2025
:2:
5 ASSAIN C.
AGED 47 YEARS
S/O.ABDULLA, CHOLAKKAL HOUSE,
NSS COLLEGE P.O, MANJERI
MALAPPURAM DISTRICT, PIN - 676122
BY ADVS.
SRI.K. MOHANAKANNAN
SRI.R.RANJITH
SMT.ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 28.10.2025 AND THE COURT ON 06.01.2026
DELIVERED THE FOLLOWING:
2026:KER:90
W.P.(C) No.27456/2025
:3:
N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.27456 of 2025
`````````````````````````````````````````````````````````````
Dated this the 6th day of January, 2026
JUDGMENT
~~~~~~~~~ The petitioner seeks to direct the Manjeri Municipality to issue immediate orders appointing him as Substitute Sanitation Worker.
2. The petitioner states that he has registered with the Employment Exchange. The petitioner was nominated by the Employment Exchange for selection and appointment to the post of Substitute Sanitation Worker in Manjeri Municipality. The petitioner attended the interview conducted by the Municipality. Though the petitioner 2026:KER:90 W.P.(C) No.27456/2025 :4: performed well in the interview, he was not selected for appointment. Respondents 4 and 5, who are less meritorious, however, were selected for appointment.
3. The petitioner states that the 4th respondent was appointed purportedly in pursuance of the judgment of this Court. Selection made without recourse to Employment Exchange is illegal and unsustainable, contends the petitioner. The methodology of interview followed by the Municipality is also illegal. The petitioner therefore seeks to quash the illegal appointments and to direct the Manjeri Municipality to issue immediate orders appointing the petitioner as Substitute Sanitation Worker.
4. The 4th respondent filed a counter affidavit. The 4th respondent submitted that pursuant to the interview conducted by the Municipality, a rank list was prepared. The rank list contained candidates sponsored by the Employment 2026:KER:90 W.P.(C) No.27456/2025 :5: Exchange as well as employees temporarily working under the Municipality for long years. The 4th respondent was subjected to selection process pursuant to the orders of this Court.
5. The 4th respondent has been appointed after due process of selection. In view of Section 224 of the Kerala Municipalities Act, power is vested with the Municipal Council to make appointments of Substitute Sanitation Workers. The writ petition is therefore without any merit, contended the 4th respondent.
6. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 and 2, the learned Standing Counsel appearing for the 3rd respondent and the learned counsel appearing for respondents 4 and 5.
2026:KER:90 W.P.(C) No.27456/2025 :6:
7. The petitioner was sponsored by the Employment Exchange for selection for appointment to the post of Substitute Sanitation Worker in Manjeri Municipality. The petitioner belongs to Muslim community and therefore is entitled to Muslim reservation quota.
8. After the interview, the Municipality has drawn a consolidated mark list. In the category 'Muslim' for which there are two vacancies, respondents 4 and 5 were ranked 1 and 2, with marks 89 and 84 respectively. The petitioner was placed at rank No.7 only. Therefore, going by Ext.P2 rank list for Muslim category, the petitioner cannot claim a superior right for appointment over respondents 4 and 5.
9. As regards the requirement of sponsorship by the Employment Exchange, candidates who have been working as temporary Sanitation Workers for long period in 2026:KER:90 W.P.(C) No.27456/2025 :7: the Municipality were also directed to be considered for appointment. It is after interviewing the candidates sponsored by the Employment Exchange and the temporary workers working in the Municipality that the select list was prepared.
In the said circumstances of the case, I do not find any merit in the writ petition. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE aks/27.12.2025 2026:KER:90 W.P.(C) No.27456/2025 :8: APPENDIX OF WP(C) NO. 27456 OF 2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.H1- 17942/2020 DATED 18.04.2023 FOLLOWING LETTER NO.19/2019/568/0 DATED 13/12/2022 OF THE DISTRICT EMPLOYMENT OFFICER.
Exhibit P2 THE TRUE COPY OF THE CONSOLIDATED MARK LIST ISSUED FOLLOWING APPLICATION UNDER RTI Exhibit P3 TRUE COPY OF THE LIST OF APPOINTEES UNDER MUSLIM QUOTA DT 20.6.25 ISSUED BY THE MUNICIPALITY ON APPLICATION UNDER THE RTI ACT Exhibit P4 TRUE COPY OF THE ORDER IN W.P.(C) NO.15500/2023 DATED 04.06.2025 Exhibit P5 THE TRUE COPY OF THE HONORABLE HIGH COURT ORDER WP(C)NO.1024/2022 DATED 15, SEPTEMBER 2022 RESPONDENTS' EXHIBITS Exhibit R4(a) TRUE COPY OF INTERIM ORDER IN WRIT PETITION(C) NO.15142/2023 DATED 4-6-
2025 Exhibit R4(b) TRUE COPY OF THE INTERIM ORDER DATED 04-06-2025 IN WRIT PETITION(C) NO.15146/2023 Exhibit R4(c) TRUE COPY OF THE INTERIM ORDER DATED 2-6-2025 IN WRIT PETITION(C) 15500/2023