Kerala High Court
Aswani K vs The Secretary on 23 August, 2025
WA NO. 2041 OF 2025
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2025:KER:64043
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
SATURDAY, THE 23RD DAY OF AUGUST 2025 / 1ST BHADRA, 1947
WA NO. 2041 OF 2025
AGAINST THE JUDGMENT DATED 01.08.2025 IN WP(C) NO.26994 OF 2025 OF HIGH
COURT OF KERALA
APPELLANT/S:
1 ASWANI K.,
AGED 30 YEARS
D/O. KUNHIKRISHNAN P., SREEJAGATH, VELLAYANI, NEMOM P.O.,
THIRUVANANTHAPURAM, PIN - 695020
2 PARVATHY RAMESH,
AGED 23 YEARS
D/O. V. RAMESHAN NAIR, RAMESH VILLA, KANNAMBA, VARKALA P.O.,
THIRUVANTHAPURAM, PIN - 695141
3 PRAJUL K. KANNAN,
AGED 27 YEARS
S/O. KUNHIKANNAN, NECHIPPADAPPU HOUSE, MULLERIA P.O., KASARGOD,
PIN - 671543
4 VAISHAK C.,
AGED 25 YEARS
S/O. SREEKUMAR T., NANDANAM HOUSE, BERLAM, KARADKA P.O., KASARGOD,
PIN - 671542
5 AMRITHA P.S.,
AGED 31 YEARS
W/O. SHYAM SUNDAR, EDANATTUKUNNEL HOUSE, KODIKULAM P.O., IDUKKI,
PIN - 685582
6 SNEHA R.,
AGED 23 YEARS
WA NO. 2041 OF 2025
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2025:KER:64043
D/O. RAVI, CHATHANKODU, ERIMAYUR P.O., PALAKKAD, PIN - 678546
BY ADV SRI.S.K.ADHITHYAN
RESPONDENT/S:
1 THE SECRETARY,
REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 KERALA BANK-KERALA STATE CO-OPERATIVE BANK LTD.,
REPRESENTED BY MANAGING DIRECTOR, COBANK TOWERS, P.B. NO.6515,
VIKASBHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM DISTRICT, PIN -
695033
3 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM P.O., THIRUVANANTHAPURAM,
PIN - 695001
4 THE SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM P.O.,
THIRUVANANTHAPURAM, PIN - 695001
BY SRI K.P. HARISH SR.GP
SRI P.C. SASIDHARAN, SC
THIS WRIT APPEAL HAVING RESERVED ON 21.08.2025, THE COURT ON 23.08.2025
DELIVERED THE FOLLOWING:
WA NO. 2041 OF 2025
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JUDGMENT
Sushrut Arvind Dharmadhikari, J.
The present intra-Court Appeal under Section 5 of the Kerala
High Court Act 1958 assails the judgment dated 01.08.2025 passed in
W.P.(C) No.26994/2025, whereby the writ petition filed by the
appellants/petitioners has been dismissed.
2. The brief facts of the case are that the appellants claim that
they should be given weightage marks for their achievements in sports
while conducting selection for employment under the second
respondent.
3. The contention of the learned Counsel for the appellants is
that, in Ext.P6, the only exclusion is regarding the general conditions
stated in sub-paragraphs 5, 8, 9, 11, 12 and 13 in paragraph 2 and
paragraph 7 of the General Conditions for recruitment by the Kerala
Public Service Commission. Therefore, Clause 6, which provides for
weightage of marks to sports personnel, would apply for recruitment to
the second respondent Bank.
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4. Per contra, learned Counsel appearing for the respondents
submitted that the learned Single Judge has rightly dismissed the
petition. Clause 6 of Part II General Conditions [Ext.P5] would apply to
selections to Class III and Class IV posts as per G.O. (Ms) No.21/78/GAD
dated 11.01.1978 only to candidates applying for recruitment in the
State Government departments and the same would not be applicable
when it comes to employers other than the State Government. Further,
the learned Counsel submitted that there is no need to interfere with
the judgment passed by the learned Single Judge.
5. Heard Mr S.K. Adhithyan, learned Counsel for the
appellants, Mr K.P. Harish, learned Senior Government Pleader for the
State, and Mr P.C. Sasidharan, learned Standing Counsel for the Kerala
Public Service Commission, and perused the records.
6. We have perused the Government Order, particularly clause 6.
The Government Order would apply to recruitments only in the
Government departments and not by any other employers, i.e., the Co-
operative Bank, in this case. The learned Single Judge arrived at the
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correct conclusion and dismissed the writ petition.
We find no merit in the Writ Appeal. Accordingly, the same is
dismissed. No order as to costs.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
jjj
