Kerala High Court
Chichu D.C,D/O Dileepkumar vs Geethu C.S on 1 July, 2025
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:47752
O.P. (KAT) No.244 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
TUESDAY, THE 1ST DAY OF JULY 2025 / 10TH ASHADHA, 1947
OP(KAT) NO. 244 OF 2025
AGAINST THE JUDGMENT DATED 06.03.2025 IN OA (EKM)
NO.1143 OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT
THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/4TH RESPONDENT IN THE OA:
CHICHU D.C,D/O DILEEPKUMAR, AGED 29 YEARS, DURGA
BHAVAN, KUMBALAM, PULLPANA P.O, KOLLAM , NOW
RESIDING AT FLAT NO.2B, 2ND FLOOR, AJ TOWERS,
OPP: SBI BANK, KADAKKAL, KADAKKAL P.O., KOLLAM
DISTRICT, PIN - 691 536
BY ADV SHRI.RAJESH.R
RESPONDENTS/APPLICANT AND RESPONDENTS 1 TO 3 IN THE OA:
1 GEETHU C.S, AGED 37 YEARS, D/O SARATHCIIANDRA
BOSE C.K, RESIDING AT THRIKKEPARAMBIL HOUSE,
MANIKKINAR P.O., KOTIIAMANGAI,AM, MANIKKINAR,
ERNAKULAM, PIN - 686 693
2 STATE OF KERALA, REPRESENTED BY SECRETARY, HOME
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
3 DIRECTOR OF PROSECUTION, DIRECTORATE OF
PROSECUTION, PANAKAL TOWERS, KOMBARA, ERNAKULAM
NORTH P.O., KOCHI, PIN - 682 018
2025:KER:47752
O.P. (KAT) No.244 of 2025
2
4 KERALA PUBLIC SERVICE COMMISSION, THULASI HILLS,
PATTOM PALACE P.O., THIRUVANANTHAPURAM,
REPRESENTED BY SECRETARY, PIN - 695 004
B UNNIKRISHNA KAIMAL SR GP
P C SASIDHARAN SC FOR KPSC
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP
FOR ADMISSION ON 01.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:47752
O.P. (KAT) No.244 of 2025
3
JUDGMENT
A. Muhamed Mustaque, J.
The petitioner was an Advocate and a member of the
Thiruvananthapuram Bar. She applied for the post of Assistant
Public Prosecutor Grade II pursuant to the notification issued by
the Kerala Public Service Commission on 31.12.2022. The
ranked list was published pursuant to the notification on
23.08.2023.
2. She had also applied for the post of Legal
Assistant Grade II in the Law Department in the Government
Secretariat. She was also included in the ranked list. She was
advised by the Kerala Public Service Commission on 6.07.2024
and joined in the service as Legal Assistant Grade II on
12.07.2024.
3. The first respondent, another candidate who
applied for the post of Assistant Public Prosecutor, has
approached the Tribunal contending that the petitioner cannot
be appointed as Assistant Public Prosecutor in view of the fact
2025:KER:47752
that she ceased to be a member of the Bar. The first
respondent relied on Rule 7 of the Special Rules for the post of
Director of Prosecution (Administration), Deputy Director of
Prosecution and Senior Assistant Public Prosecutor, Assistant
Public Prosecutor (Senior Grade), Assistant Public Prosecutor
Grade I and Assistant Public Prosecutor Grade II, 2018, which
prescribes the qualification for appointment as an Assistant
Public Prosecutor. It is appropriate to refer to the qualification.
"Qualification. - For appointment to Category
5, a candidate shall possess the following
qualifications, namely:-
(i) a Degree in Law conferred or
recognized by the Universities in Kerala; and
(ii) must be a member of the Bar and
must have had not less than three years of
active practice in Criminal Courts on the first
day of January of the year in which
applications are invited."
One of the mandatory qualifications is that the candidate must
be a member of the Bar and must have not less than three
years of active practice.
4. No doubt, the petitioner was fully qualified
while she was making the application. The question is whether
she can be considered for appointment, as she ceased to be a
member of the Bar after submitting the application for getting
an appointment as a Legal Assistant in the Government
2025:KER:47752
Secretariat.
5. The issue in this matter has been covered by
the Judgment in Saumya M.S. v. State of Kerala and Others
[2022 (3) KHC 300] against the petitioner. This Court, after
referring to the relevant qualifications and the Rules of the Bar
Council, on deeper consideration, came to the following
conclusion.
"The upshot of the above discussion is that, in
view of the statutory consequences flowing
out from the provisions contained in the
Advocates Act and the Bar Council of India
Rules, noted herein above, a person like the
applicant, who has initially secured
enrollment as an Advocate in the State Bar
Council and later has taken up full time
Government employment as above, and has
thereupon voluntarily suspended from legal
practice as above, then such a person cannot
be said to have the legal right to practise as
an Advocate and hence, as per the provisions
of the Act and the Rules supra, such a person
cannot be said to be a member of the Bar as
understood in Anx.A - 1 selection notification
and Anx.R - 4(b) special Rules. Such an
eligibility condition of being a member of the
Bar should be possessed by the candidate
concerned not only as on the last date of
submission of the application to the Public
Service Commission bust also thereafter, even
as on the date of advice by the PSC and the
date of appointment order issued by the
appointing authority, etc."
It is to be noted that the petitioner is still serving as a
Legal Assistant and therefore, there is a bar for appointing her in
2025:KER:47752
the service. We also note that the petitioner failed to contest
the matter before the Tribunal in spite of service of notice.
Anyway, in the light of the legal position, there is no scope for
interfering with the order of the Tribunal holding that the
petitioner is not qualified to be appointed as Assistant Public
Prosecutor. Therefore, the original petition fails and,
accordingly, dismissed in limine.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
PR
2025:KER:47752
APPENDIX OF OP(KAT) 244/2025
PETITIONER ANNEXURES
Annexure A1 THE TRUE COPY OF THE NOTIFICATION DATED
31.12.2022 UNDER CATEGORY NO.659/2022
ISSUED BY THE PSC
Annexure A2 THE TRUE COPY OF THE RANKED LIST
NO.729/2023/SS VII DATED 23.08.2023 FOR
CATEGORY NO.659/2022 PUBLISHED BY THE
PSC
Annexure A3 A TRUE COPY OF THE APPOINTMENT CHART
NO.R1C-2/1/2024-KPSC DATED 15.07.2024
ISSUED BY THE PSC
Annexure A4 THE TRUE COPY OF THE RANKED LIST FOR
NO. 328 / 2023 / SS VI DATED 17.05.2023
UNDER CATEGORY NO.478/2020 PUBLISHED BY
THE PSC
Annexure A5 THE TRUE COPY OF G.O (MS)
NO.54/2024/LAW DATED 06.07.2024 ISSUED
BY THE LAW SECRETARY, GOVERNMENT OF
KERALA
Annexure A6 THE TRUE COPY OF THE APPLICATION UNDER
RTI ACT SUBMITTED BY JITHIN KURIAN
BEFORE THE STATE PUBLIC INFORMATION
OFFICER, LAW DEPARTMENT, GOVERNMENT OF
KERALA
Annexure A7 THE TRUE COPY OF REPLY NO.AD-II
(2)/121/2024-LAW DATED 07.08.2024
ISSUED BY THE STATE PUBLIC INFORMATION
OFFICER, LAW DEPARTMENT
Annexure A8 THE TRUE COPY OF THE REPRESENTATION
DATED 08.08.2024 ALONG WITH POSTAL
RECEIPT
Exhibit P1 THE CERTIFIED COPY OF ORDER DATED
06.03.2025 IN O.A (EKM) 1143 / 2024
Exhibit P2 THE TRUE COPY OF THE ORIGINAL
APPLICATION FILED AND NUMBERED AS O.A
(EKM) 1143 / 2024
Exhibit P3 THE TRUE COPY OF THE REPLY STATEMENT
FILED BY THE 3RD RESPONDENT KPSC IN O.A
(EKM) NO. 1143 / 2024 BEFORE THE KERALA
ADMINISTRATIVE TRIBUNAL
