[Cites 2, Cited by 0]
Kerala High Court
Sajitha S vs The Kerala Public Service Commission on 10 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:11073
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 10TH DAY OF FEBRUARY 2026 / 21ST MAGHA, 1947
WP(C) NO. 31029 OF 2025
PETITIONER:
SAJITHA S
AGED 26 YEARS
D/O. SAHAYA DAS,
KAVILA MEKKEKARA PUTHAN VEEDU,
MARAYAMUTTOM P.O,
THIRUVANANTHAPURAM, PIN - 695124
BY ADVS.
SRI.S.MOHAMMED AL RAFI
SMT.THAJUNA MARIA FRANCIS
RESPONDENTS:
1 THE KERALA PUBLIC SERVICE COMMISSION
REPRESENTED BY ITS SECRETARY,
PATTOM, THIRUVANANTHAPURAM,
PIN - 695003
2 KERALA STATE CO-OPERATIVE BANK (KERALA BANK)
REPRESENTED BY ITS MANAGING DIRECTOR,
HEAD OFFICE, COBANK TOWERS,
P.B.NO.6515, VIKASBHAVAN P.O,
PALAYAM,THIRUVANANTHAPURAM,
PIN - 695033
2026:KER:11073
W.P.(C) No.31029/2025
:2:
3 STATE OF KERALA
REPRESENTED BY SECRETARY,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV.
SRI.P.C.SASIDHARAN,STANDING COUNSEL
SRI.THOMAS ABRAHAM,STANDING COUNSEL
SMT.SONY K.B.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 03.02.2026 AND THE COURT ON 10.02.2026 DELIVERED THE
FOLLOWING:
2026:KER:11073
W.P.(C) No.31029/2025
:3:
N. NAGARESH, J.
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W.P.(C) No.31029 of 2025
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Dated this the 10th day of February, 2026
JUDGMENT
~~~~~~~~~
The petitioner belongs to SIUC Nadar
Community and is unemployed. The Kerala PSC, by Ext.P1
Notification dated 30.04.2022, invited applications from SIUC
Nadar reservation community for appointment as
Clerk / Cashier in the Ernakulam District Co-operative Bank. A
written examination was conducted on 23.04.2024. The
petitioner participated in the written examination.
2. The grievance of the petitioner is that no
steps were taken thereafter to publish the rank list and to
advice candidates for appointment. The 1st respondent has
2026:KER:11073
taken a stand that since the Bank has amalgamated with the
2nd respondent-Kerala Bank, there is no need to proceed with
the selection.
3. The petitioner states that after the
amalgamation of District Co-operative Banks and formation of
Kerala Bank, the Government approved Recruitment Rules for
Kerala Bank as per Ext.P8 G.O. dated 24.03.2023. As per
the said G.O., the Recruitment Rules will come into force from
02.08.2021. By Ext.P8, the Kerala Bank was directed to take
steps to fill up vacancies strictly in lines with the Recruitment
Rules.
4. The petitioner would urge that the
Government has no authority to enforce the Service
Recruitment Rules retrospectively with effect from 02.08.2021.
In K.R. Mohanan v. Director of Homoepathy and others
[2006 (3) KLT 641], this Court has held that any vacancy
which arose after the amendment of any special Rules can be
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filled only in accordance with the amended Rules. The
respondents will have to fill up the vacancies arose earlier in
accordance with unamended Rules as per the law prevailing at
the time of occurrence of vacancies.
5. The Kerala PSC has now issued Ext.P7
Notification dated 08.04.2025 ordering that the selection
proceedings earlier initiated cannot be proceeded with. The
petitioner therefore seeks to quash Ext.P7 and to declare that
enforcing the new Recruitment Rules with effect from
02.08.2021 is void and unconstitutional.
6. The 1st respondent-PSC filed a counter
affidavit in the writ petition. The 1st respondent states that the
the decision of the Government to merge the District Banks
with the State Co-operative Bank and set up a modern Bank
was taken as part of a restructuring of the short-term debt
structure of the State. In the above situation, new Special
Rules need to be formulated regarding appointments in the
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State Cooperative Bank. Therefore, the Government intimated
that it is inappropriate to issue notifications under existing
Special Rules of District Co-operative Bank as the new Bank
needs people, who are qualified to face the challenges of
modern times and Special Rules need to be formulated for the
purpose.
7. The Government requested the Commission
to cancel all steps initiated for pursuing selection vide the
notifications issued to various posts in DCBs and SCB and
also requested not to publish any more notifications for the
vacancies, if any, available in various posts in 13 District
Cooperative Banks and State Cooperative Bank. Further, the
Government have also informed that as the Bank came into
existence on 29.11.2019, there is no technical impediment in
issuing advice from the existing rank list to the vacancies
reported before the said date.
2026:KER:11073
8. In terms of the request of the Government,
the Commission decided on 19.05.2020 to cancel all the
ongoing notifications in various posts in DCBs except
Malappuram, until further orders from the Government.
9. I have heard the learned counsel for the
petitioner, the learned Standing Counsel representing the 1st
respondent, the learned Standing Counsel representing the 2nd
respondent and the learned Government Pleader appearing
for the 3rd respondent.
10. The petitioner applied for appointment to the
posts of Clerk / Cashier in response to Ext.P1 PSC Notification
dated 30.04.2022. She appeared in the written test held on
23.04.2024. The Ernakulam District Co-operative Bank
merged with the Kerala Bank and new Recruitment Rules
applicable to the newly formed Kerala Bank were published.
Ext.P8 is the Government Order bringing in force the
Recruitment Rules. Ext.P8 GO ordered that the Recruitment
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Rules will come into force from 02.08.2021.
11. The argument of the petitioner is that the
Government cannot direct to implement Recruitment Rules of
the Kerala Bank retrospectively. Ext.P8 is therefore illegal and
is liable to be set aside. The respondents are compellable to
fill up the vacancies in the Bank which arose prior to
24.03.2023 as per the unamended Rules. As the PSC has
already conducted a written test before the making of Ext.P8
Recruitment Rules, the said selection proceeding initiated as
per Ext.P1 should be brought to its logical conclusion.
12. I find that Ext.P1 Notification pursuant to
which the petitioner participated in the written test, was
published on 30.04.2022. Before finalising the selection
proceedings and before publication of the rank list, the newly
formed Kerala Bank decided to frame Recruitment Rules for
the new Bank. The Government directed to bring into effect
the new Recruitment Rules with effect from 02.08.2021.
2026:KER:11073
13. Even though the petitioner submits that
Recruitment Rules cannot be amended retrospectively, it may
be noted that the petitioner cannot have a legal grievance for
not making appointments pursuant to Ext.P1 Notification. The
Hon'ble Apex Court, in Shankarsan Dash v. Union of India
[(1991) 3 SCC 47], has held that a candidate who is included
in a select list does not get an indefeasible right to
appointment.
14. The petitioner has not even been included in
a select list. On the basis of an application submitted pursuant
to Ext.P1 Notification and appearance in a written test, the
petitioner cannot claim any right for appointment and on that
score to challenge the retrospectivity of recruitment rules.
The writ petition is therefore without any
merit. The writ petition is hence dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/06.02.2026
2026:KER:11073
APPENDIX OF WP(C) NO. 31029 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED 30-
04-2022 (CATEGORY NO.135/2022) ISSUED
BY THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF HALL
TICKET ISSUED TO THE PETITIONER
Exhibit P3 TRUE COPY OF THE RANKED LIST DATED 17-
08-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P4 TRUE COPY OF THE APPOINTMENT CHART
DATED 14-09-2023 ISSUED BY THE 1ST
RESPONDENT
Exhibit P5 TRUE COPY OF THE RANKED LIST DATED 05-
12-2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE APPOINTMENT CHART
DATED 03-01-2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P7 TRUE COPY OF THE NOTIFICATION DATED 08-
04-2025 ISSUED BY THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER G.O.
(P) NO.87 /2023 /CO-OP DATED
24-03-2023 ISSUED BY THE 3RD RESPONDENT
RESPONDENTS' EXHIBITS : NIL
