Kerala High Court
Anjali A P vs State Of Kerala on 6 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:85252
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF NOVEMBER 2025 / 15TH KARTHIKA, 1947
WP(C) NO. 13888 OF 2025
PETITIONER:
ANJALI A P
AGED 27 YEARS
D/O T PRAKASAN , MUNDAKATHIL (H),
NEERATTUPURAM P.O.,THALAVADI,
ALAPPUZHA, PIN - 689571
BY ADVS.
SMT.A.ARUNA
SMT.P.V.UTTARA
SMT.JISHA SHAJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
REVENUE (DEVASWOM) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695001
2 TRAVANCORE DEVASWOM BOARD
REPRESENTED BY ITS SECRETARY ,
DEVASWOM HEAD QUARTERS, NANDANCODE,
KOWDIAR P.O.,THIRUVANANTHAPURAM,
PIN - 695003
3 SECRETARY
TRAVANCORE DEVASWOM BOARD,
DEVASWOM HEADQUARTERS, NANDANCODE,
KOWDIAR P.O THIRUVANANTHAPURAM,
PIN - 695003
4 KERALA DEVASWOM RECRUITMENT BOARD
REPRESENTED BY ITS SECRETARY,
2025:KER:85252
WP(C) No.13888 of 2025
2
DEVASWOM BOARD BUILDINGS MG ROAD,
OPP. GOVT. AYURVEDA COLLEGE
THIRUVANANTHAPURAM, PIN - 695001
5 SECRETARY
KERALA DEVASWOM RECRUITMENT BOARD,
DEVASWOM BOARD BUILDINGS MG ROAD,
OPP. GOVT. AYURVEDA COLLEGE,
THIRUVANANTHAPURAM, PIN - 695001
6 KRISHNA U
TC21/706(1),PALLITHANAM ROAD,
NEDUMCADU,KARAMANA P.O.
THIRUVANANTHAPURAM, PIN - 695002
7 KRISHNA GANGAN
PANAVILKIZHAKKATHIL,
CHANGANKULANGARA OACHIRA P.O.,
KOLLAM, PIN - 690526
8 ANJU P R
SABARI NIVASAYLARA P.O.,
YEROOR KOLLAM, PIN - 691312
9 SOMA K K
KARUMANKUZHIYIL,KANDACHERY P.O.
PONNANI (TALUK),MALAPPURAM, PIN - 679582
10 ANAGHA K M
THOTTATHIL,ERAMANGALAM P.O.,
KOZHIKODE, PIN - 673612
11 SREELEKSHMI S R
NARAYANAMANGALAM, ANIYOOR,
CHEMPAZHANTHY P.O.
THIRUVANANTHAPURAM, PIN - 695587
12 REKHA K
ARUNVILLA,KARIMPALOOR
PUTHENKULAM P.O., KOLLAM, PIN - 691302
13 ANU KRISHNAN
LINS DALE,THEKKEVILA P.O.,
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WP(C) No.13888 of 2025
3
KOLLAM, PIN - 691016
14 ANJANA L R
ANJANA NIVAS, VATTAVILA,KOTTUKAL P.O.,
THIRUVANANTHAPURAM, PIN - 695501
15 SURABHI M S
MAILAPPAN HOUSE, 1/385 KAINOOR P.O.,
THRISSUR, PIN - 680014
16 GOURI L
ASRAYAM, TC 7/840-1 CHITTATTINKARA,
VATTIYOORKAVU P.O., THIRUVANANTHAPURAM,
PIN - 695013
17 SANGEETH T K
SREERAGAM, 15/47, MAVILAYI P.O.
KANNUR, PIN - 670622
18 AISWARYA VIJAYAN
AISWARYA NILAYAM, THENGAM P.O.
PATHANAMTHITTA, PIN - 690522
19 ARYA S
VADAKKEKOOMBALIL, VALATHUNGAL P.O.,
KOLLAM, PIN - 691011
BY ADVS.
SRI.V.V.NANDAGOPAL NAMBIAR, STANDING COUNSEL
SRI.G.BIJU,STANDING COUNSEL
SRI.B.MOHANLAL
SMT.P.S.PREETHA
SRI.ASWIN V. NAIR
SRI.KARTHIK J SEKHAR
SRI.ABIJITH M.
SMT.JAYAPRABHA ARJUN
SMT.PRAVEENA T.
SMT. AVANI NAIR
SRI.PREMCHAND R NAIR, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.13888 of 2025
4
JUDGMENT
Dated this the 6th day of November, 2025 The petitioner applied for the post of Overseer Grade III (Civil) under Category No.10/2023 pursuant to a notification issued by the Kerala Devaswom Recruitment Board (KDRB). The petitioner was Rank No.56 in the main list.
2. The petitioner belongs to Dheevara Community and among the Dheevara Community candidates, the petitioner is Rank No.1. As vacancies were being filled, the petitioner was expecting appointment under the Dheevara Reservation quota.
3. The respondents made appointment at point MR I 49 OC. Thereafter, the respondents should have filled up the roster point MR I 50 Dheevara. To the surprise and predicament of the petitioner, the respondents from that point started the rota afresh. The petitioner states that this is highly illegal and arbitrary. There is no rationale for restarting the rota 2025:KER:85252 WP(C) No.13888 of 2025 5 from point No.1 when the turn of the petitioner, who is a reserved category candidate, came.
4. Standing Counsel representing the Board resisted the writ petition. Regarding the restarting of the Rotation Chart, the respondents submitted that as soon as the select list is published by the Board, the required number of candidates had to be advised for appointment in the Devaswom Board concerned. Normally the filling up of candidates from a new select list shall be started in continuation of the rotation ended in the last advice made from the previous select list for the same post. In this case, the previous ranked list for the post of Overseer Gr III (Civil) was in force up to 22.06.2021. From that ranklist, 49 candidates were advised as per the rotation existing before the amended Rule.
5. As the communal reservation and rotation under Rule 3 of the Kerala Devaswom Recruitment Board Rules, 2015 was amended with effect from 19.11.2019 for providing 2025:KER:85252 WP(C) No.13888 of 2025 6 reservation for Economically Weaker Sections, the Rotation Chart was prepared as per the amended Rule. The Rotation Chart prepared as per the amended Rule will be applicable to all the notifications published and selection process conducted after 19.11.2019.
6. Since it is a statutory order, the KDRB has been following the same, since its issuance. As the new ranked list for the Overseer Gr III (Civil) came into effect on 24.02.2025, for which notification was issued on 11.10.2023, which was after the amendment to the Rules, the advising of candidates has commenced afresh from MR I 1 OC following the revised communal reservation and rotation guidelines.
7. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1 st respondent and the respective learned Standing Counsel representing respondents 2 to 5.
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8. Respondents 6, 7, 9, 10, 15 and 18 filed counter affidavit. The respondents submitted that they were rightly included in Ext.P4 select list published by the 4th respondent. The petitioner is not entitled to get any relief. The respondents joined service on 23.04.2025 and they are continuing for more than one year. The respondents submitted that one of the candidates included in the ranklist suffered 50% locomotor disability. As the said candidate was not selected, she challenged the proceedings and this Court directed to give appointment to the said candidate. A Division Bench of this Court upheld the said judgment. However, the Hon'ble Apex Court in SLP Nos.13654-13656 of 2022 set aside the judgment of this Court. The appointment of respondents 6, 7, 9, 10, 15 and 18 cannot be interfered with.
9. The facts are not in dispute. The petitioner was Rank No.56 in the main list. From the ranklist, appointments were given till point No.MR I 49 OC. Thereafter, the next 2025:KER:85252 WP(C) No.13888 of 2025 8 arising vacancy ought to have been filled up by a Dheevara. It was not done. The reason extended by the respondents for departure from the normal rules of rotation is that Rule 3 of the Kerala Devaswom Recruitment Board Rules, 2015 was amended from 19.11.2019 for providing reservation for Economically Weaker Sections and therefore the Rotation Chart was prepared as per the amended Rules.
10. According to the respondents, since it is a statutory order, KDRB has been following the same since its issuance. The reasoning advanced by the petitioner is not at all acceptable. Merely because the Board has amended its Rules, that need not force them to depart from the normal rotation.
11. Even if an Economically Weaker Section candidate had to be appointed at point MR I 50, that need not have been at the cost of the candidates belonging to Other Backward Classes. An Economically Weaker Section candidate could have been accommodated assigning supernumerary position 2025:KER:85252 WP(C) No.13888 of 2025 9 at that point, without substantially affecting the reservations of other OBC and SC / ST Candidates. The respondents also could have commenced the amended rota / cycle after completion of the existing rota / cycle.
In the facts of the case, the writ petition is allowed. Ext.P7 is set aside to the extent it denies appointment to the petitioner. Respondents 4 and 5 are directed to advise the petitioner for appointment against MR I 50 Dheevara or the very next vacancy in the rotation chart. It will be open to respondents 1 to 6 to make any amendments to the Rules and implement the reservation benefits to EWS candidates in accordance with law.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:85252 WP(C) No.13888 of 2025 10 APPENDIX OF WP(C) 13888/2025 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION NO.97/R1/2023/KDRB WITH RESPECT TO CATEGORY NO. 10/2023 DATED 11.10.2023 ISSUED BY THE 4TH RESPONDENT ALONG WITH A TYPED COPY OF THE TRANSLATION Exhibit P2 TRUE COPY OF THE APPLICATION DATED 17.10.2023 BEARING APPLICATION NO :
100861 SUBMITTED BY THE PETITIONER WITH RESPECT TO CATEGORY NO. 10/2023 Exhibit P3 TRUE COPY OF THE CASTE CERTIFICATE OF THE PETITIONER DATED 19.08.2023 ISSUED BY VILLAGE OFFICER THALAVADI Exhibit P4 TRUE COPY OF THE RANK LIST NO. 08/2025 DATED 24/02/2025 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE THE APPOINTMENT CHART NO.24/RECT/KDRB/2016 WITH RESPECT TO CATEGORY NO. 2/2017 Exhibit P6 TRUE COPY OF THE KERALA DEVASWOM RECRUITMENT BOARD (AMENDMENT) RULES, 2019 Exhibit P7 TRUE COPY OF THE APPOINTMENT CHART NO.1910/R1/ 2023/ KDRB WITH RESPECT TO CATEGORY. NO. 10/2023 , DATE OF ADVICE ISSUED ON 12.03.2025 RESPONDENT EXHIBITS Exhibit R18(a) THE TRUE COPY OF THE JOINING REPORT NO.105 DATED 23/4/2025 SUBMITTED BY THE EXECUTIVE ENGINEER, MAVELIKKARA TO ASSISTANT ENGINEER, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY IN RESPECT OF THE 18TH RESPONDENT Exhibit R18(b) THE TRUE COPY OF THE ORDER NO.124 GL DATED 24/4/2025 ISSUED BY THE ASSISTANT ENGINEER, KARUNAGAPPALLY TO THE EXECUTIVE ENGINEER, MAVELIKKARA 2025:KER:85252 WP(C) No.13888 of 2025 11 Exhibit R18(c) THE TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT IN SLP NO.13654- 13656 OF 2022 DATED 27/2/2023