Citation : 2025 Latest Caselaw 5465 Ker
Judgement Date : 25 March, 2025
W.P.(C) NO. 12091 OF 2025 1
2025:KER:25632
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 12091 OF 2025
PETITIONER/S:
1 RAJESH S
AGED 40 YEARS
S/O SEKHARAN NAIR, MEKKE KALAVOOR VEEDU,
KARINGAL, KANDALA P O, NEYYATTINKARA,
THIRUVANANTHAPURAM (NOW WORKING AS WATCHER,
SARKARA DEVASWOM, VARKALA GROUP)., PIN - 695512
2 DEEPAKUMAR M S
AGED 43 YEARS
S/O M MOHANAN NAIR, DILEEP BHAVAN, KAARINGAL,
KANDALA P O, NEYYATTINKARA, THIRUVANANTHAPURAM
(NOW IN THE POST OF ‘THALI' KULASEKHARAM
DEVASWOM, SASTHAMANGALAM SUB GROUP, ULLOOR
GROUP)., PIN - 695512
BY ADVS.
D.AJITHKUMAR
T.MANASY
RESPONDENT/S:
1 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM BOARD HEADQUARTERS,
NANTHANCODE, KAWDIAR POST, THIRUVANANTHAPURAM
REPRESENTED BY ITS SECRETARY, PIN - 695003
2 TRAVANCORE DEVASWOM BOARD
TRAVANCORE DEVASWOM BOARD, TRAVANCORE DEVASWOM
BOARD HEADQUARTERS, NANTHANCODE, KAWDIAR POST,
THIRUVANANTHAPURAM, PIN - 695003
W.P.(C) NO. 12091 OF 2025 2
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3 KERALA DEVASWOM RECRUITMENT BOARD
II FLOOR, DEVASWOM BUILDINGS, OPP.AYURVEDA
COLLEGE, M.G.ROAD, THIRUVANANTHAPURAM REPRESENTED
BY ITS SECRETARY, PIN - 695001
4 SRI. RAJKUMAR.P.B
KAZHAKAM, SASTHA DEVASWOM, ETTUMANOOR GROUP,
TRAVANCORE DEVASWOM BOARD, ETTUMANOOR, KOTTAYAM,
PIN - 686631
5 SRI. SAJIKUMAR.B
KAZHAKAM, VALIYASALA DEVASWOM, THIRUVANANTHAPURAM
GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN - 695003
6 SRI. BIJUKUMAR.G
WATCHER CHENTHITTA DEVASWOM, THIRUVANANTHAPURAM
GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN - 695003
7 SRI. SHIJU LAL.K
THALI, RANNI PERUNAD DEVASWOM, ARANMULA GROUP,
TRAVANCORE DEVASWOM BOARD, PATHANAMTHITTA, PIN -
689533
8 SRI. VISHAL M NAIR
WATCHER, VATTAKKAD DEVASWOM, KARUNAGAPPALLY
GROUP, TRAVANCORE DEVASWOM BOARD, KARUNAGAPPALLY,
KOLLAM, PIN - 690518
9 SRI. HARI.K
KAZHAKAM, CHENGALLOOR DEVASWOM,
THIRUVANANTHAPURAM GROUP, TRAVANCORE DEVASWOM
BOARD, THIRUVANANTHAPURAM, PIN - 695003
10 SRI. VISHNU MAHESH.N.S
PANCHAVADHYAM, KAROOR DEVASWOM, ULLOOR GROUP,
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM,
PIN - 695011
11 SRI. ABHILASH.V.P
PATHRAMTHEYPPU, VAIKOM DEVASWOM, VAIKOM GROUP,
TRAVANCORE DEVASWOM BOARD, VAIKOM, KOTTAYAM
DISTRICT, PIN - 686141
W.P.(C) NO. 12091 OF 2025 3
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12 SRI. CHANDRAJ.C
PANCHAVADHYAM, CHADAYAMANGALAM DEVASWOM,
KOTTARAKKARA GROUP, TRAVANCORE DEVASWOM BOARD,
KOTTARAKKARA, KOLLAM, PIN - 691531
13 SRI. SATHEESHKUMAR.M.C
WATCHER, PAZHAYA PAZHCHIMA DEVASWOM, MUNDAKKAYAM
GROUP, TRAVANCORE DEVASWOM BOARD, MUNDAKKAYAM,
KOTTTYAM, PIN - 686513
14 SRI. VIJAYAKUMAR.B
KAZHAKAM, CHEZHUNGANOOR DEVASWOM, NEYYATTINKARA
GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN - 695121
15 SRI. SANTHOSHKUMAR.G
PANCHAVADHYAM, VALIYATHRIKKOVIL DEVASWOM,
NEYYATTINKARA GROUP, TRAVANCORE DEVASWOM BOARD,
THIRUVANANTHAPURAM, PIN - 695121
16 SRI. SYAM KUMAR.S
KAZHAKAM, KANNANAKUZHY DEVASWOM, MAVELIKKARA
GROUP, TRAVANCORE DEVASWOM BOARD, ALAPPUZHA, PIN
- 690101
17 SRI. PRADEEP KUMAR.K.S
KAZHAKAM, PUTHIYEDOM DEVASWOM, PUNALUR GROUP,
TRAVANCORE DEVASWOM BOARD, KOLLAM, PIN - 691305
18 SRI. AJAYAKUMAR.J
KAZHAKAM, AARAYOOR DEVASWOM, NEYYATTINKARA GROUP,
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM,
PIN - 695121
19 SRI. ANAND.S.N
KAZHAKAM, THRIPPAPPUR DEVASWOM, ULLOOR GROUP,
TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM,
PIN - 695011
20 SRI. SREERAJ.R
PANCHAVADHYAM, PARTHASARATHY DEVASWOM,
MUNDAKKAYAM GROUP, TRAVANCORE DEVASWOM BOARD,
MUNDAKKAYAM , KOTTAYAM, PIN - 686513
W.P.(C) NO. 12091 OF 2025 4
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21 SRI. SREEJITH.G
THALI, KODUNGOOR DEVASWOM, MUNDAKKAYAM GROUP,
TRAVANCORE DEVASWOM BOARD, MUNDAKKAYAM, KOTTAYAM,
PIN - 686513
22 SRI. ABHILASH KUMAR.S
WATCHER, THRIKKAKKARA DEVASWOM, PARAVUR GROUP,
TRAVANCORE DEVASWOM BOARD, ERNAKULAM DISTRICT,
PIN - 683513
23 SRI. JAYARAJ.J
KAZHAKAM, MANNAR DEVASWOM, ETTUMANOOR GROUP,
TRAVANCORE DEVASWOM BOARD, ALAPPUZHA DISTRICT,
PIN - 686631
24 SRI. ANILKUMAR.R
KAZHAKAM, KULASEKHARANALLOOR DEVASWOM,
KOTTARAKKARA GROUP, TRAVANCORE DEVASWOM BOARD,
KOLLAM DISTRICT, PIN - 691531
25 SRI. M.C.KRISHNACHANDRAN
NAADHASWARAM, THALIYAL DEVASWOM,
THIRUVANANTHAPURAM GROUP, TRAVANCORE DEVASWOM
BOARD, THIRUVANANTHAPURAM, PIN - 695003
BY ADV.
G. BIJU - SC - TRAVANCORE DEVASWOM BOARD
V. V. NANDAGOPAL NAMBIAR - SC - R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) NO. 12091 OF 2025 5
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 12091 of 2025
-------------------------
Dated this the 25th day of March, 2025
JUDGMENT
1. The Travancore Devaswom Board sought appointment of
Driver-cum-Office Attendant (by-transfer). The petitioner was an
applicant in the said process of appointment of Driver-cum-Office
Attendant (by-transfer). After scrutinizing the applications of the
candidates, to conduct the practical test, a four-member committee
was constituted by the Board vide the order dated 18.10.2023. The
said four-member committee included the Chief Engineer of the
respondent Board, Joint Regional Transport Officer, Executive
Engineer of the respondent Board and the senior most Driver of the
respondent Board. The petitioner participated in the said practical
test conducted by the four-member committee and after he has
failed the practical test, he has approached this Court.
2. Since the recruitment is 'by-transfer', the Devaswom
Recruitment Board is not involved in the process, and it is the
jurisdiction of the Travancore Devaswom Board itself to appoint
2025:KER:25632
Driver-cum-Office Attendant (by-transfer).
3. Once the petitioner has not challenged the process of
conducting practical test by the Committee of four members and
participated in the said process, it does not lie in the mouth of the
petitioner to challenge the said process. It is not the case of the
petitioner that the committee conducted the practical test in a mala
fide manner. There is no such allegation in the writ petition. I,
therefore, find no substance in this writ petition and hence, the same
is hereby dismissed.
Sd/-
D. K. SINGH JUDGE Svn
2025:KER:25632
APPENDIX OF WP(C) 12091/2025
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE TRAVANCORE DEVASWOM BOARD OFFICERS AND SERVANTS SERVICE RULES, 2022 PUBLISHED IN THE KERALA GAZETTE ON 20-6-2022
EXHIBIT P2 TRUE COPY OF CIRCULAR NO.ROC.13290/22/EST-A DATED 19-9-2022 ISSUED BY THE DEVASWOM COMMISSIONER OF THE 1ST RESPONDENT BOARD ALONG WITH TRUE ENGLISH TRANSLATION
EXHIBIT P3 TRUE COPY OF CIRCULAR NO.CE/ESTT-LLL/GL/2023/05 DATED 18-10-2023 ISSUED BY THE 2ND RESPONDENT ALONG WITH THE LIST OF 70 PERSONS CALLED FOR THE TEST ALONG WITH TRUE ENGLISH TRANSLATION
EXHIBIT P4 TRUE COPY OF THE RANKED LIST DATED 4.11.2023 PUBLISHED BY THE 2ND RESPONDENT FOR APPOINTMENT TO THE POST OF DRIVER CUM OFFICE ATTENDANT GRADE-II BY TRANSFER/DRIVER CUM OFFICE ATTENDANT
EXHIBIT P5 TRUE COPY OF ORDER NO.CE/ESTT-LLL/GL/2023/05 DATED 4.11.2023 ISSUED BY THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION
EXHIBIT P6 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT VIDE ROC.NO. 7373/22/EST-1 DATED 31.03.2023 PERMITTING THE 2ND RESPONDENT TO CONDUCT SELECTION TO THE POST OF DRIVER CUM OFFICE ATTENDENT GRADE II COPY OF WHICH ALONG WITH TRUE ENGLISH TRANSLATION
EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 8.11.2023 GIVEN BY PETITIONERS AND OTHERS BEFORE THE 1ST RESPONDENT BOARD ALONG WITH TRUE ENGLISH TRANSLATION
EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 07.11.2023 IN W.P.(C) NO. 36827 OF 2023 OF THE HON'BLE HIGH COURT OF KERALA
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