[Cites 3, Cited by 0]
Kerala High Court
Saranya P.K vs Vyshak P on 3 December, 2025
W.A.Nos.630,742,865 of 2025
: 1 :-
2025:KER:92734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA,
1947
WA NO. 865 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 03.03.2025 IN WP(C)
NO.2159 OF 2025 OF HIGH COURT OF KERALA
APPELLANTS/3RD PARTY:
1 SARANYA P.K.,
AGED 27 YEARS
W/O RAHUL P.R., CHATHAKULANGARA (H), THEKKUMKARA
P.O., THRISSUR, PIN - 680589
2 ANU M.,
AGED 26 YEARS
W/O SYAMKUMAR S., CHANTHAKKADAPUTHENVEEDU,
MURUNTHALPERINAD P.O., KOLLAM, PIN - 691601
3 ARUNKUMAR M.,
AGED 34 YEARS
S/O MOHANA KUMAR C., AMBALATHUMKALAPUTHENVEEDU,
PIDAVOOR P.O., PATHANAPURAM, KOLLAM, PIN - 689695
4 MARIA GEORGE,
AGED 36 YEARS
W/O SAJEEV ABRAHAM A.R., ATTUMMEL (H), NIRANATH
ROAD, MARADU P.O., ERNAKULAM, PIN - 682304
5 HYMA VELAYUDHAN,
AGED 27 YEARS
D/O VELAYUDHAN M.P., MOOTHEDAN (H), KADUKUTTY
P.O., CHALAKKUDY, THRISSUR, PIN - 680309
6 RIYAS J.,
AGED 29 YEARS
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S/O JALALUDEENKUNJU, RASIYA MANZIL, NADUVILKKARA,
THEVALAKKARA, KOLLAM, PIN - 690524
7 BIPIN CHANDRAN C.,
AGED 23 YEARS
S/O N. CHANDRAN, POURNAMI, KOIVILA, THEVALAKKARA,
KOLLAM, PIN - 691590
8 NOUFAL S.,
AGED 23 YEARS
S/O SAMAD E., CHARUVILAPUTHENVEEDU, KOIVILA P.O.,
THEVALAKKARA, KOLLAM, PIN - 691590
9 SREEKUTTAN S.L.,
AGED 25 YEARS
C/O SASIDHARAN S., VISAKHAM (H), MARUTHAM CODE,
KEEZHAROOR P.O., OTTASEKKARAMANGALAM,
THRIUVANANTHAPURAM, PIN - 695124
BY ADVS.
SHRI.ABI BENNY AREECKAL
SMT.BEA MARY BENNY
SHRI.BENNY GERVACIS (SR.)
RESPONDENTS/PETITIONERS & RESPONDENTS IN WPC:
1 VYSHAK P,
AGED 24 YEARS
S/O : RAJEEVAN P RAJEEVAM, PUNNAD (PO), IRITTY
KANNUR, PIN - 670703
2 SURAJ RAJU,
AGED 27 YEARS
CHEMBAKASSERIL HOUS, MAROOR P.O, PATHANAMTHITTA,
PIN - 691524
3 FAZIL P.M,
AGED 28 YEARS
S/O P.P MUSTAAFA PEEDIYAKKAL (H), ELAMAKKARA P.O,
ERNAKULAM, PIN - 682026
4 SHABIN LALU
AGED 28 YEARS
S/O LALU K.M , KALAPPARAMBATH (H), KARUMALLOOR
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P.O, THATTAMPADY, ERNAKULAM, PIN - 683511
5 AYISHA NOON T.K
AGED 27 YEARS
D/O HARIZ T.K, FATHIMA MANZIL, NEAR NEW LP SCHOOL,
P.O PONNANI, MALAPPURAM, PIN - 679577
6 KRISHNA P.J
AGED 27 YEARS
D/O GIRIJA V.K, PUNNAKKAPARAMBIL (H), P.O
EDAVILANGU , KODUNGALLUR ,THRISSUR, PIN - 680671
7 RUKHSANA PARVEEN
AGED 26 YEARS
D/O NAZAR K.H , KALAPPURA (H), ENANALLOOR P.O,
KALAMPOOR,ERNAKULAM, PIN - 686673
8 HUSNA MUMTHAS
AGED 25 YEARS
D/O JUMAILATH A.K , PERINGATTU (H), PAREEKANNI
P.O, NELLIMATTOM, ERNAKULAM, PIN - 686693
9 GANA V B
AGED 32 YEARS
D/O BALA KRISHNAN P EDACHERY(H) , VAKAYAD P.O,
NADUVANNUR (VIA), KOZHIKODE, PIN - 673614
10 DHANASREE T.T
AGED 26 YEARS
D/O SREESUDHAN T.T, THIRUVOTH THAZHATH (H),
MAKKADA P.O, KAKKODI, KOZHIKODE, PIN - 673611
11 VISAKH PRASAD . K
AGED 26 YEARS
S/O PRASAD K.K , KUNNEL (H), THALAKODE P.O,
PUTHENKURISH, ERNAKULAM, PIN - 686693
12 VISWAS .S
AGED 26 YEARS
S/O SOMASUNDARAN P.K SOMANVILLA (H), KOTTAPPURAM
P.O, PALAKKAD, PIN - 679513
13 AFRA ABDULLA C.V
AGED 32 YEARS
W/O RIYAS C CHAKKAYIL (H), EDAPPAL P.O,
MALLAPURAM, PIN - 679576
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14 ATHULYA SUGATHAN
AGED 36 YEARS
W/O DILEEP S ATHULYA (H), ARATTUKULANARA, VAIKOM
P.O, KOTTAYAM, PIN - 686141
15 HARSHA K
AGED 28 YEARS
W/O MANISH MOHAN P.V KELANCHERY (H), CHENNARA P.O,
MANGALAM (VIA), MALAPPURAM, PIN - 676561
16 SARANYA .S
AGED 31 YEARS
W/O RAJENDIRA KUMAR .M TC- 100/3716(8), KILIKOODU
(H), MYTRINAGAR KAZHAKOOTTAM P.O, TRIVANDRUM, PIN
- 695582
17 AKSHAYA P
AGED 25 YEARS
D/O VIJAYAKUMAR POOLAMKUNNATH (H), NARUKARA P.O,
MANJERI, MALAPPURAM, PIN - 676122
18 JUBNA M.C
AGED 30 YEARS
W/O ARSHAD K.V CHEMBAYITHODI (H), KUNIYIL,
KIZHUPARAMBU P.O MALAPPURAM,, PIN - 673639
19 KEERTHANA P.M
AGED 28 YEARS
D/O P.S MANI PANOLIKKAPARAMBIL (H), BHAGAVATHY
NAGAR , KUNNATHURMEDU P.O, MANAPPULLIKKAVU ,
PALAKKAD, PIN - 678013
20 JASNA S.S
AGED 29 YEARS
W/O RIYAS R S.S NIVAS CHENCHERY, KUTHIRAKULAM P.O,
VEMBAYAM,THIRUVANANTHAPURAM, PIN - 695615
21 NIRMALA THERESA
AGED 26 YEARS
D/O JOSEPH JOSHY P.R PULLOSSERY (H), THEVARA P.O,
ERNAKULAM, PIN - 682013
22 ANJITHA SAJEEV
AGED 28 YEARS
D/O K.K SAJEEV MUNDEKUDY (H) PONNIYELI P.O ,
PERUMBAVOOR , ERNAKULAM, PIN - 683546
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23 ASHIKA K
AGED 32 YEARS
D/O C M ASHOKAN SREEPARNAM , KOTTAUICHERI, P.O
EACHUR , KANNUR, PIN - 670591
24 ANJU C.V
AGED 33 YEARS
W/O VIJITH K ANJU NIVAS, KALLIAD , NEAR KALLIAD
SERVICE SAHAKARANA BANK, PADIYUR KALLIAD
PANCHAYATH, KANNUR, PIN - 670593
25 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
26 SECRETARY TO GOVERNMENT
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
27 SECRETARY TO GOVERNMENT
DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
28 KERALA WATER AUTHORITY
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
29 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
30 SECRETARY
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
ADV.A.ARUNA ( R1 TO R24)
ADV.P.C.SASIDHARAN (SC) R19 & R30
ADV.K.P.HARISH (SR.GP) R25 & R29
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
29.11.2025, ALONG WITH WA.630/2025, 742/2025, THE COURT ON
3.12.2025 DELIVERED THE FOLLOWING:
W.A.Nos.630,742,865 of 2025
: 6 :-
2025:KER:92734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA,
1947
WA NO. 630 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 03.03.2025 IN WP(C)
NO.2159 OF 2025 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 5 & 6:
1 KERALA PUBLIC SERVICE COMMISSION,
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
BY ADV SHRI.P.C.SASIDHARAN
RESPONDENTS:
1 VYSHAK P.,
AGED 24 YEARS
S/O : RAJEEVAN P., RAJEEVAM, PUNNAD (PO), IRITTY,
KANNUR, PIN - 670703
2 SURAJ RAJU,
AGED 27 YEARS
CHEMBAKASSERIL HOUSE , MAROOR P.O.,
PATHANAMTHITTA, PIN - 691524
3 FAZIL P.M.,
AGED 28 YEARS
S/O. P.P. MUSTAAFA, PEEDIYAKKAL (H), ELAMAKKARA
P.O., ERNAKULAM, PIN - 682026
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4 SHABIN LALU,
AGED 28 YEARS
S/O. LALU K.M., KALAPPARAMBATH (H), KARUMALLOOR
P.O., THATTAMPADY, ERNAKULAM, PIN - 683511
5 AYISHA NOON T.K.,
AGED 27 YEARS
D/O. HARIZ T.K., FATHIMA MANZIL, NEAR NEW LP
SCHOOL, P.O. PONNANI, MALAPPURAM, PIN - 679577
6 KRISHNA P.J.,
AGED 27 YEARS
D/O. GIRIJA V.K., PUNNAKKAPARAMBIL (H), P.O.
EDAVILANGU, KODUNGALLUR, THRISSUR, PIN - 680671
7 RUKHSANA PARVEEN,
AGED 26 YEARS
D/O. NAZAR K.H., KALAPPURA (H), ENANALLOOR P.O.,
KALAMPOOR, ERNAKULAM, PIN - 686673
8 HUSNA MUMTHAS,
AGED 25 YEARS
D/O. JUMAILATH A.K., PERINGATTU (H), PAREEKANNI
P.O., NELLIMATTOM, ERNAKULAM, PIN - 686693
9 GANA V.B.,
AGED 32 YEARS
D/O. BALA KRISHNAN P., EDACHERY (H) , VAKAYAD
P.O., NADUVANNUR (VIA), KOZHIKODE, PIN - 673614
10 DHANASREE T.T.,
AGED 26 YEARS
D/O. SREESUDHAN T.T., THIRUVOTH THAZHATH (H),
MAKKADA P.O., KAKKODI, KOZHIKODE, PIN - 673611
11 VISAKH PRASAD K.,
AGED 26 YEARS
S/O. PRASAD K.K., KUNNEL (H), THALAKODE P.O.,
PUTHENKURISH, ERNAKULAM, PIN - 686693
12 VISWAS S.,
AGED 26 YEARS
S/O. SOMASUNDARAN P.K., SOMANVILLA (H),
KOTTAPPURAM P.O., PALAKKAD, PIN - 679513
13 AFRA ABDULLA C.V.,
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AGED 32 YEARS
W/O. RIYAS C., CHAKKAYIL (H), EDAPPAL P.O.,
MALLAPURAM, PIN - 679576
14 ATHULYA SUGATHAN,
AGED 36 YEARS
W/O. DILEEP S., ATHULYA (H), ARATTUKULANARA,
VAIKOM P.O., KOTTAYAM, PIN - 686141
15 HARSHA K.,
AGED 28 YEARS
W/O. MANISH MOHAN P.V., KELANCHERY (H), CHENNARA
P.O., MANGALAM (VIA), MALAPPURAM, PIN - 676561
16 SARANYA S.,
AGED 31 YEARS
W/O. RAJENDIRA KUMAR M., TC- 100/3716(8),
KILIKOODU (H), MYTRINAGAR, KAZHAKOOTTAM P.O.,
TRIVANDRUM, PIN - 695582
17 AKSHAYA P.,
AGED 25 YEARS
D/O. VIJAYAKUMAR, POOLAMKUNNATH (H), NARUKARA
P.O., MANJERI, MALAPPURAM, PIN - 676122
18 JUBNA M.C.,
AGED 30 YEARS
W/O. ARSHAD K.V., CHEMBAYITHODI (H), KUNIYIL,
KIZHUPARAMBU P.O., MALAPPURAM, PIN - 673639
19 KEERTHANA P.M.,
AGED 28 YEARS
D/O. P.S. MANI, PANOLIKKAPARAMBIL (H), BHAGAVATHY
NAGAR, KUNNATHURMEDU P.O., MANAPPULLIKKAVU,
PALAKKAD, PIN - 678013
20 JASNA S.S.,
AGED 29 YEARS
W/O. RIYAS R., S.S NIVAS CHENCHERY, KUTHIRAKULAM
P.O., VEMBAYAM, THIRUVANANTHAPURAM, PIN - 695615
21 NIRMALA THERESA,
AGED 26 YEARS
D/O. JOSEPH JOSHY P.R., PULLOSSERY (H), THEVARA
P.O., ERNAKULAM, PIN - 682013
22 ANJITHA SAJEEV,
AGED 28 YEARS
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D/O. K.K. SAJEEV, MUNDEKUDY (H), PONNIYELI P.O.,
PERUMBAVOOR, ERNAKULAM, PIN - 683546
23 ASHIKA K.,
AGED 32 YEARS
D/O. C.M., ASHOKAN, SREEPARNAM, KOTTAUICHERI, P.O.
EACHUR, KANNUR, PIN - 670591
24 ANJU C.V.,
AGED 33 YEARS
W/O. VIJITH K., ANJU NIVAS, KALLIAD, NEAR KALLIAD
SERVICE SAHAKARANA BANK, PADIYUR KALLIAD
PANCHAYATH, KANNUR, PIN - 670593
25 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
26 SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
27 SECRETARY TO GOVERNMENT,
DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
28 KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
ADV.SMT.A.ARUNA (R1 TO R24)
ADV.K.P.HARISH(SR.GP)R25 TO R27
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
29.11.2025, ALONG WITH WA.865/2025 AND CONNECTED CASES, THE
COURT ON 3.12.2025 DELIVERED THE FOLLOWING:
W.A.Nos.630,742,865 of 2025
: 10 :-
2025:KER:92734
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR.JUSTICE P. V. BALAKRISHNAN
WEDNESDAY, THE 3RD DAY OF DECEMBER 2025 / 12TH AGRAHAYANA,
1947
WA NO. 742 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 27.03.2025 IN WP(C)
NO.12312 OF 2025 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 5 AND 6:
1 KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
2 SECRETARY,
KERALA PUBLIC SERVICE COMMISSION, PATTOM,
THIRUVANANTHAPURAM, PIN - 695004
BY ADV SHRI.P.C.SASIDHARAN
RESPONDENTS:
1 SACHIN P,
AGED 29 YEARS
S/O SURENDRAN M, UPSANA KUDUKKIMOTTA, P.O EACHUR,
KANNUR, PIN - 670591
2 SRUTHI. K. P,
AGED 33 YEARS
D/O BHARATHAN. K. P,KUVVIL PURAYIL (H) MAYANAD. P.
O., KOZHIKODE, PIN - 673008
3 SANDRA V,
AGED 23 YEARS
D/O VINODKUMAR N RAGAMALIKA THIRUVIZHA ALAPPUZHA S
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N PURAM PO, PIN - 688582
4 REMYA KRISHNAN R,
AGED 32 YEARS
D/O: S UNNIKRISHNAN NAIR PERINGIZHAYIL HOUSE,
KAYIPPURAM, MUHAMMA P.O. ALAPPUZHA DISTRICT, PIN -
688525
5 AISWARYA A.S,
AGED 28 YEARS
D/O SAMIKUTTY A.M ALIPURAKKAL HOUSE, ERATTAPUZHA P
O BLANGAD, THRISSUR, PIN - 680506
6 SRUTHY MS,
AGED 25 YEARS
D/O MOHAN KUMAR M PERMENENT ADDRESS : VASANTHAM,
KOPPAM PIRAPPANCODE PO TVM, COMMUNICATION
ADDRESS : MOHANAM, MULAMKUNNU ROAD, THYCADU
PIRAPPANCODE PO TVM, PIN - 695607
7 FARSANA M,
AGED 29 YEARS
D/O KUNHIMOHAMMED M MANAPPATTIL HOUSE, URDUNAGAR
KODUR(P. O) MALAPPURAM, PIN - 676504
8 ATHIRA M S,
AGED 27 YEARS
D/O MADHU K POOCHEDIVILA PUTHENVEEDU ENIKKARA
KARAKULAM P O, THIRUVANANTHAPURAM, PIN - 695564
9 NIVYA.T,
AGED 30 YEARS
D/O BALAKRISHNAN.T KALATHINGAL PARAMBA HOUSE
RAMANATTUKARA.P.O, KOZHIKODE, PIN - 673633
10 SHAKIR AZHAR K C,
AGED 31 YEARS
S/O MUHAMMED BASHEER KC, KOLOCHALIL (HOUSE)
ELETTIL (POST ) KODUVALLY KOZHIKODE, PIN - 673572
11 DHANJUSHA.A.K ,
AGED 29 YEARS
D/O A.K.USHA, CHALIL HOUSE POROLAM (P.O)
KUTTIATTOOR (VIA) MAYYIL KANNUR, PIN - 670602
12 ATHIRA. M,
AGED 26 YEARS
D/O LAKSHMANAN.M, CHETTI VEEDU KALLAKKOLLI
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CHEMBRAKANAM VALIYAPOIL PO THIMIRI, KASARGOD, PIN
- 671313
13 ANITHA. S,
AGED 25 YEARS
D/O SETHUMADHAVAN P M, NISA NIVAS KILIPPAYI
PARAMBU ,WEST KALLAI NANMA C-9 KALLAI P
O,KOZHIKKODE, PIN - 673003
14 JEENA S CHANDRAN,
AGED 27 YEARS
D/O JAYACHANDRAN T T S BHAVAN, KAKKALAMKANAM
NELLIKAKUZHI, KANJIRAMKULAM P O,
THIRUVANANTHAPURAM, PIN - 695524
15 SHAMEENA K,
AGED 35 YEARS
W/O NAZEER M SINANCOTTAGE EDAVANASSERY,
MYNAGAPPALLY P.O KOLLAM, PIN - 690519
16 ATHIRA.K.M.,
AGED 29 YEARS
AGE- 29YEARS D/O SASIDHARAN.K.M
KARIGANCHERIMEETHAL, PANTHEERANKAVE (PO)
KOZHIKODE, PIN - 673019
17 GAYATHRI GOPAL.M,
AGED 28 YEARS
W/O SARATH C.M SOWPARNIKA, KODOOR VENKODE P.O,
VATTAPPARA THIRUVANANTHAPURAM, PIN - 695028
18 NYLE NAZAR,
AGED 28 YEARS
W/O ASIF C JABBAR CHEEMBARAYIL HOUSE MUTHALAKODAM
PO THODUPUZHA, IDUKKI, PIN - 685605
19 AFEEFA PV,
AGED 29 YEARS
D/O MOHAMMED PV MANNARAM KANDY (H) VAZHAYOOR
VAZHAYOOR EAST (PO) MALAPPURAM, PIN - 673633
20 ROSHNI K R,
AGED 33 YEARS
D/O RAVEENDRAN K,KODAMALAPATTA (H) SULTHAN
BATHERY, PAZHUPPATHOOR P.O, WAYANAD, PIN - 673592
21 AISWARYA TK,
AGED 28 YEARS
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W/O PRAJOSH C CHUNDATH (H),PALODE PO,
THACHANATTUKARA MANNARKKAD, PALAKKAD, PIN - 678583
22 SHAMSI RAHIM,
AGED 33 YEARS
KATTUVILA KIZHAKKATHIL KAMPALADY PORUVAZHY P.O.,
KOLLAM, PIN - 690520
23 RESHMA REMESH,
AGED 33 YEARS
D/O REMESAN T V RESHMALAYAM CHETHY P O, CHERTHALA
ALAPPUZHA, PIN - 688530
24 ROSHINI P M,
AGED 32 YEARS
D/O MANIKANDAN P B, PALLIYIL HOUSE, P O
KANDASSANKADAVU, THRISSUR, PIN - 680613
25 ATHIRA K R
AGED 26 YEARS
D/O RADHKRISHNAN KP, KAITHAVALAPPIL(H), CHIRAYUM
PANAYIKULAM P.O., ERNAKULAM, PIN - 683511
26 STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
27 SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
28 SECRETARY TO GOVERNMENT,
DEPARTMENT OF LABOUR AND SKILLS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
29 KERALA WATER AUTHORITY,
REPRESENTED BY ITS MANAGING DIRECTOR, JALA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM, PIN - 695033
ADV.A.ARUNA (R1 TO R25)
ADV.K.P.HARISH (SR.G.P) R26 TO R28)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
29.12.2025, ALONG WITH WA.865/2025 AND CONNECTED CASES,
THE COURT ON 3.12.2025 DELIVERED THE FOLLOWING:
W.A.Nos.630,742,865 of 2025
: 14 :-
2025:KER:92734
SUSHRUT ARVIND DHARMADHIKARI,
&
P.V.BALAKRISHNAN,JJ.
-------------------------------------
W.A. Nos. 630,742,865 of 2025
---------------------------------
Dated this the 3rd day of December 2025
JUDGMENT
P.V.BALAKRISHNAN,J
W.A.No.630 of 2025 is filed by respondents 5 & 6 and
W.A.No.865 of 2025 is filed by third parties, aggrieved by the
judgment dated 03.03.2025 in W.P.(C)No.2159 of 2025.
W.A.No.742 of 2025 is filed by the respondents 5 & 6 in W.P(C)
No.12312 of 2025, aggrieved by the judgment dated 27.03.2025,
allowing the writ petition by relying on the judgment in W.P.
(C)No.2159 of 2025.
2. The facts in brief as are necessary for the disposal of
these writ appeals are as follows:
The writ petitioners in W.P.(C)Nos.2159 and 12312 of 2025
are the candidates who applied for selection and appointment to
the post of Surveyor Grade II in the Kerala Water Authority, in
pursuance of a Notification issued by the Kerala Public Service
Commission 30.12.2023. The writ petitioners are the holders of
Diploma in Civil Engineering and B.Tech in Civil Engineering. They
W.A.Nos.630,742,865 of 2025
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were disqualified after being short-listed by the Kerala Public
Service Commission on the ground that B.Tech and Diploma in
Civil Engineering qualifications are not eligible for the post of
Surveyor Grade II. It is challenging the rejection of their
applications, the writ petitioners approached this Court by filing
the afore writ petitions by seeking a declaration to the effect that
Diploma in Civil Engineering and B.Tech in Civil Engineering
presupposes the acquisition of a lower qualification prescribed in
the notification.
3. The learned Single Judge, by judgment dated 03.03.2025,
allowed W.P.(C) No.2159 of 2025 by declaring that the writ
petitioners are qualified as per the notification dated 30.12.2023
and they are to be treated as qualified for the post of Surveyor
Grade II in the Kerala Water Authority, for which the notification
was issued. Subsequently, the learned Single Judge on
27.03.2025 also allowed W.P.(C) No.12312 of 2025 by relying on
the judgment in W.P.(C) No.2159 of 2025. It is aggrieved by the
afore judgments, these writ appeals have been preferred by the
Kerala Public Service Commission and a few candidates who had
applied for the post of Surveyor Grade II on the basis of their
qualification, which is National Trade Certificate (NTC) .
4. Heard Adv. Benny Gervacis, assisted by Adv. Abi Benny
W.A.Nos.630,742,865 of 2025
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Areeckal, the learned senior counsel appearing for the appellants
in W.A.No.865 of 2025, Adv.P.C.Sasidharan, the learned counsel
appearing for the appellants in W.A.Nos.630 and 742 of 2025/
Kerala State Public Service Commission, Adv.A.Aruna, the learned
counsel appearing for the writ petitioners and Adv.K.P.Harish, the
learned senior Government Pleader, appearing for the
Government.
5. The learned counsel for the appellants contended that the
writ petitioners, who are having Diploma in Civil Engineering and
B.Tech in Civil Engineering, cannot be considered to as having
higher qualification to the post of Surveyor Grade II in KWA. They
argued that Exts.P4 to P6 (in W.P.(C) No.2159 of 2025) are orders
issued by the Higher Education Department on the basis of some
applications made by candidates, and the same cannot be relied
upon to find that B.Tech or Diploma in Civil Engineering
presupposes the acquisition of National Trade Certificate (NTC).
They contended that the issue is covered by a Division Bench
decision of this Court in Janardanan K. & Ors v. State of Kerala &
Ors [2008 (3) KHC 299] and Kerala Public Service Commission
v. Krishnaprasad.P.S [2025(6) KHC 189] against the writ
petitioners. By relying on the afore decisions, they argued that the
competent department to deal with the matter of qualification is
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the Personnel and Administrative Reforms Department and
Exts.P4 to P6 have been issued by a Department which is
incompetent to take such a decision. They further submitted that
the qualification of the writ petitioners also do not satisfy the two
tests laid by the Apex Court in Jyoti K.K. v. Kerala Public Service
Commission [(2010) 15 SCC 596].
6. Per contra, the learned counsel for the contesting
respondents/writ petitioners submitted that the decisions relied on
by the appellants are not applicable to the facts of the instant
case. She contended that in the decision in Janardanan's case
(cited supra), the notification issued did not contain a note as in
the instant case admitting equivalent qualifications and
qualifications presupposing acquisition of lower qualification. She
argued that Exts.P4 to P6 are issued by the Government, much
before the notification was issued in the instant case and as per
Rules of Business, such orders reflecting the collective decision of
the Government, cannot now be stated as not binding. She
further contended that while rejecting the candidature of the writ
petitioners, the reasons, as now projected, has not been given
and the rejection order says only about a non existing Supreme
Court judgment.
7. The short question, which arises for consideration in these
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writ appeals, is whether the writ petitioners, who have a Diploma
in Civil Engineering and B.Tech in Civil Engineering, can be
considered as candidates who have acquired qualifications which
presupposes the acquisition of lower qualifications prescribed for
the post of Surveyor Grade II. A perusal of the notification dated
30.12.2023 prescribing the qualification for the post of Surveyor
Grade II in the Kerala Water Authority is extracted below:
"7. Qualification:
1. Pass in SSLC or its equivalent.
2. National Trade Certificate (NTC) awarded by the National
Council for Vocational Training in the trade Surveying after the
completion of 2 years metric course or its equivalent.
OR
(i) Pass in SSLC or its equivalent examination.
(ii) KGTE Certificate in Surveying and Levelling (Higher) or its
equivalent, and
(a) Pass in Building Drawing and Estimating (Lower)
(b) Mensuration (Lower)
[G.O.(P) No.1/2023/WRD dated 27.01.2023]
link
Equivalent qualification admitted in the previous selection
Note:- (1) Rule 10(a)ii of Part II of KS&SSR is applicable.
(2) In addition to the qualification prescribed in this
notification, the qualification recognized by Executive Orders or
Standing Orders of Government as equivalent to a qualification
specified for a post in the Special Rules or found acceptable by
the Commission in cases where acceptance of equivalent
qualifications is provided for in the rules and such of those
qualification which pre-suppose the acquisition of the lower
qualification prescribed for the post, shall also be sufficient for
the post. The copy of the Government orders declaring
equivalent / higher qualifications shall be produced as and when
required by the Commission."
Rule 10(a)(ii) of the Kerala State and Subordinate Services
Rules, 1958 referred above, reads as follows:
(ii) Notwithstanding anything contained in these rules or in
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the Special Rules, the qualifications recognised by executive
orders or standing orders of Government as equivalent to a
qualification specified for a post, in the Special Rules or found
acceptable by the Commission as per R.13(b)(i) of the said rules
in cases where acceptance of equivalent qualifications is
provided for in the rules and such of those qualifications which
pre-suppose the acquisition of the lower qualification prescribed
for the post, shall also be sufficient for the post."
8. In the instant case, the case of the writ petitioners is that
Diploma in Civil Engineering and B.Tech in Civil Engineering are
qualifications which pre-supposes the acquisition of the lower
qualifications prescribed for the post i.e., National Trade
Certificate (NTC) in trade surveying. The writ petitioners by
relying on Exts.P4 and P6 Government orders (in W.P.(C) No.2159
of 2025), contend that as per these Government Orders, a
candidate of Diploma in Civil Engineering and B.Tech in Civil
Engineering can be presupposed to have acquired a qualification
in NTC for trade surveying, which is a qualification prescribed for
the post. Exts.P4 to P6 orders are extracted herein below for easy
reference.
Ext.P4
"On the basis of recommendation in reference no.2 letter
issued by the Director of Technical Education Department, it
is hereby ordered on that Diploma in Civil Engineering
course conducted by the Technical Education Department as
a higher qualification to the ITI/ITC/KGCE/KGTE/NAC/NTC
course."
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Ext.P5
"In the circumstances reported by the Registrar, Kerala
Technological University, Thiruvananthapuram in the letter
read above, the Government are pleased to order that
B.Tech in Civil Engineering is higher qualification than
Diploma in Civil Engineering under Technical Education
Department."
Ext.P6
"In the circumstances reported by the Registrar, A.P.J Abdul
Kalam Technological University vide letter read above,
Government are pleased to order that B.Tech Certificates
awarded by the various Universities in Kerala are higher
qualification to the Diploma Certificates and
ITI/ITC/KGCE/KGTE/NAC/NTC Electrical/Wireman/Electrical
Engineering Certificates in the respective branches and also
the branches in which Universities in Kerala had issued
equivalency certificates, in terms of eligibility criteria,
duration of the course, contents covered and knowledge
level acquired."
A perusal of Ext.P4 would go to show that the Department of
Higher Education, on a representation submitted by a person has
ordered that Diploma in Civil Engineering course conducted by the
Technical Education Department is a higher qualification to NTC
course. Similarly, a perusal of Ext.P5 would go to show that the
Higher Education Department, again, on a representation
submitted by two persons has ordered that B.Tech in Civil
Engineering is a higher qualification than the Diploma in Civil
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Engineering under the Technical Education Department. A perusal
of Ext.P6 would show that the Higher Education Department has
ordered B.Tech certificates as a higher qualification to the Diploma
Certificates and ITI/ ITC/ KGCE/ KGTE/ NAC/ NTC Electrical/
Wireman/ Electrical Engineering Certificates. Now, as far as
Ext.P6 is concerned, it is to be seen that it does not say that
B.tech is a higher qualification to NTC in trade surveying, which is
the qualification prescribed in the case in hand and therefore,
without delving much, it can be stated that Ext.P6 will not in any
manner help the writ petitioners.
9. Now the question to be considered is whether Exts.P4 and
P5 Government Orders can be relied upon to find in favour of the
writ petitioners. It is to be taken note that recently, a co-ordinate
Bench of this Court in the decision in Krishnaprasad.P.S's case
(cited supra) had the occasion to consider a similar issue, wherein
the question of validity/impact of Government orders issued by
various departments, including Exts.P4 to P6, were considered.
This Court, in the said decision specifically considered the
question as to who are the competent authorities to decide and be
satisfied with a qualification that presupposes the acquisition of
lower qualifications prescribed for the post and who is the final
authority to take such a decision as per Rule 10(a)(ii) of KS &
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SSR. After considering all the relevant inputs, this Court held that
it is the Government and the PSC, who has the authority to
determine the sufficiency of a qualification and if there is any
conflict, the decision of the State would prevail. It was further
held that the employer has also the right to assess the suitability
and sufficiency of the qualifications of the aspirants to the public
employment. This Court also went on to consider the Rules of
Business of Government of Kerala and the Kerala Public Services
Act and held that it is the Personnel and Administrative Reforms
Department which is the exclusive Department entrusted with
personnel and service matters, and that the general policy
relating to the public service governing recruitment, qualification,
etc., will have to be dealt with by that Department. It was also
held that any decision taken by other Departments, at the best,
can only be considered as recommendatory for the Personnel and
Administrative Reforms Department of the Government, which is
the competent Department to take a final call on the matter. This
Court further considered the fact that several departments,
including the Higher Education Department has taken such
decisions, either without reference to the relevant Special Rules or
in conflict with the decisions of other Departments, and held that
the Departments which have issued such Government Orders
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including, Exts.P4 to P6, have no competency to do so and declare
the qualifications as to sufficiency. While summing up, this Court
laid down the following propositions of law, which are to be
considered in such cases:
"i. The Government, as well as the PSC, are competent to
determine sufficiency of a qualification under Rule 10(a)(ii) of
KS&SSR.
ii. The Personnel and Administrative Reforms Department of the
Government is the competent department to take such a decision.
iii. Any such decision of other departments can be taken only as a
recommendation for the final decision by the Personnel and
Administrative Reforms Department.
iv. The sufficiency of a higher qualification which presupposes the
acquisition of a lower qualification must be decided with reference
to the qualifications prescribed under the Special Rules or executive
orders.
v. While holding an enquiry as to the sufficiency of a qualification,
the Government, as well as the PSC, shall follow the test laid down
in Jyoti (supra).
vi. The decision of the Government Department or the PSC must
precede the issuance of the notification, so that such decision can
be applied and reflected in the notification itself.
vii. The scope of judicial review is limited to examining whether the
decision was made following the test applied in Jyoti (supra) and
also based on the qualifications referred to in Special Rules or
executive orders.
viii. If no decision is taken before the issuance of the notification,
any decision of the PSC or the Government cannot normally apply
retrospectively to have an impact on the ongoing selection process."
10. In the instant case, it is to be seen that Exts.P4 to P6
have not been issued by the Personnel and Administrative
Reforms Department and has been issued by the Higher Education
Department, which is not at all a competent Department to decide
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qualifications/sufficiency. That apart, none of Exts.P4 to P6 are
based on Special Rules prescribing qualifications under the Kerala
Water Authority and appear to have been issued on the basis of
representations of candidates, on equitable or moral grounds.
Further, there are also no materials to show that the qualifications
of Diploma/B.Tech in Civil Engineering is a prescribed qualification
for direct entry to the higher post of Surveyor Grade II. In such
circumstances, in the light of the dictum in Krishna Prasad's
case (cited supra), we find that the impugned judgment passed
by the learned Single Judge by relying on Exts.P4 to P6 (in W.P.
(C) No.2159 of 2025) and granting the reliefs to the writ
petitioners cannot be sustained.
In the result :
W.A.Nos.630,742 & 865 of 2025 are allowed, and the
impugned judgments passed in W.P.(C) Nos.2159 of 2025 and
W.P.(C)No.12312 of 2025 are set aside, and W.P.(C) Nos.2159 and
12312 of 2025 are dismissed.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
Judge
Sd/-
P.V.BALAKRISHNAN
Judge
dpk
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APPENDIX OF WA NO. 742 OF 2025
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF THE INTERIM ORDER DATED
