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Kerala High Court
Lekshmi Chandran G vs Kerala State Housing Board on 6 January, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:89
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
WP(C) NO. 35656 OF 2025
PETITIONER:
LEKSHMI CHANDRAN G.,
AGED 36 YEARS, W/O.SUBIN S B
ASSISTANT GR I,
KERALA STATE HOUSING BOARD HEAD OFFICE,
THIRUVANANTHAPURAM-695 001
RESIDING AT SREE BHAVAN KUTTIYANICADU,
THIRUVANANTHAPURAM, PIN - 695124
BY ADVS.
SRI.ACHUTH KYLAS
SMT.SREEDEVI KYLASANATH
SRI.SACHIN P.K.
SRI.VARGHESE XAVIER
RESPONDENTS:
1 KERALA STATE HOUSING BOARD
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
REPRESENTED BY ITS SECRETARY
2 THE SECRETARY
KERALA STATE HOUSING BOARD, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
3 THE ADDITIONAL SECRETARY
KERALA STATE HOUSING BOARD, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695001
BY ADV. SRI.K.P. MADHU
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.10.2025 AND THE COURT ON 06.01.2026 DELIVERED THE FOLLOWING:
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W.P.(C) No.35656/2025
:2:
N. NAGARESH, J.
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W.P.(C) No.35656 of 2025
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Dated this the 6th day of January, 2026
JUDGMENT
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The petitioner, who is working as Assistant
Grade-I under the 1st respondent-Kerala State Housing
Board, seeks to quash Ext.P9 and to declare that she is
eligible and entitled for appointment by transfer as Senior
Programmer under the 1st respondent-Board.
2. The petitioner states that she joined service
under the Kerala State Housing Board as Assistant Grade-II
on 21.04.2022 on the basis of PSC advice. Her probation
was declared with effect from 29.04.2024. She was
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promoted as Assistant Grade-I as per order dated
30.09.2024.
3. The petitioner states that appointment to the
post of Senior Programmer is governed by Ext.P4 - Kerala
State Housing Board Establishment (Qualification and
Method of Appointment) Regulations 2022. As per Ext.P4
Regulations, the posts of Senior Programmer are to be filled
up by transfer from any service of the Kerala State Housing
Board. In the absence of suitable candidates from the Board,
the post can be filled up by deputation / direct recruitment.
4. The qualification prescribed for Senior
Programmer is graduate in Computer Engineer / Technology
or graduate with PGDCA / MCA. The petitioner possesses
Bachelor of Engineering in Computer Science and
Engineering Degree awarded by Anna University of
Technology, Tirunelveli. She also holds M.Tech Computer
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Science and Engineering Certificate issued by the Kerala
University.
5. Pursuant to Ext.P7 Circular dated
30.01.2025 calling applications for appointment to the post of
Senior Programmer, the petitioner submitted application. The
petitioner was called for interview. However, by Ext.P9 order,
the 3rd respondent informed that the petitioner does not
possess the requisite qualification for appointment as Senior
Programmer.
6. The petitioner states that there are three
posts of Senior Programmer in the Board. Though three
persons submitted applications, one applicant had not
completed probation and therefore only two persons were
called for interview. The reasoning given in Ext.P9 cannot be
sustained. Ext.P4 Regulations do not prescribe technical
experience or programming skill for by-transfer appointment.
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The petitioner possesses requisite qualification for selection.
Rejection of the petitioner's candidature is therefore illegal
and unsustainable.
7. Respondents 1 to 3 opposed the writ
petition. The respondents submitted that there are three
sanctioned posts of Senior Programmer in the Board. The
three posts are vacant. The Board meeting held on
30.09.2023 decided to appoint Senior Programmers on
contract basis, deputation or through PSC. In the absence of
a specific method of selection, it is open to the Board of
Directors to device appropriate selection mechanism.
8. In the interview conducted by a panel
comprising of the Board Secretary, subject expert from
Kerala State IT Mission, Assistant Secretary and the Systems
Manager, the interview panel found that both the candidates
lacked requisite technical expertise despite their educational
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qualifications. Therefore, the petitioner could not have been
appointed.
9. I have heard the learned counsel for the
petitioner and the learned Standing Counsel representing the
respondents.
10. The appointment in question is to the post of
Senior Programmer. The appointment is governed by Ext.P4
Regulations 2022. The qualification prescribed for Senior
Programmer is :
(i) Must be a graduate in Computer
Engineering / Technology.
(ii) Must be a graduate with PGDCA / MCA.
The petitioner possesses Ext.P5 Degree in Bachelor of
Engineering in Computer Science and Engineering awarded
by Anna University of Technology. The petitioner is also
possessing Ext.P6 M.Tech Computer Science and
Engineering Certificate issued by the Kerala University. The
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Regulations 2022 do not insist any prior experience or
expertise for recruitment as Systems Manager.
11. As the recruitment rules do not provide for
any prior experience for appointment/promotion to the post of
Systems Manager and since the petitioner possesses
requisite educational qualifications, the respondents are not
justified in rejecting the candidature of the petitioner for
appointment by transfer to the post of Senior Programmer.
12. Ext.P9 is therefore quashed. The
respondents are directed to appoint the petitioner as Senior
Programmer. Orders in this regard shall be issued within a
period of one month.
The writ petition is disposed of as above.
Sd/-
N. NAGARESH, JUDGE
aks/27.12.2025
2026:KER:89
APPENDIX OF WP(C) NO. 35656 OF 2025
PETITIONER'S EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER
NO.KSHB-HO/442/2021-ADI(B) DATED
07.04.2022 ISSUED BY THE 2ND
RESPONDENT
Exhibit P2 A TRUE COPY OF THE ORDER NO. KSHB-
HO/711/2021-ADI(B) DATED 01.07.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P3 A TRUE COPY OF THE ORDER NO. KSHB-
HO/544/2023-ADI(B) DATED 30.09.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE RELEVANT PORTION OF
THE KERALA STATE HOUSING BOARD
ESTABLISHMENT (QUALIFICATION AND
METHOD OF APPOINTMENT) REGULATIONS,
2022 DATED 17.03.2022
Exhibit P5 TRUE COPY OF THE B TECH CERTIFICATE
DATED FEBRUARY 2012 ISSUED TO THE
PETITIONER BY ANNA UNIVERSITY OF
TECHNOLOGY, TIRUNELVELI
Exhibit P6 A TRUE COPY OF THE M TECH CERTIFICATE
DATED 17.04.2015 ISSUED TO THE
PETITIONER BY KERALA UNIVERSITY
Exhibit P7 A TRUE COPY OF THE CIRCULAR NO. KSHB-
HO/510/2024-ADI(B) DATED 30.01.2025
ISSUED BY THE 2ND RESPONDENT
Exhibit P8 A TRUE COPY OF THE CALL LETTER NO.
KSHB- HO/510/2024-ADI(B) DATED
09.04.2025 ISSUED BY THE 1ST
RESPONDENT
Exhibit P9 A TRUE COPY OF ORDER NO. KSHB-
HO/510/2024-ADI(B) DATED 13.05.2025
ISSUED BY THE 3RD RESPONDENT
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
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14.08.2025 OF THIS HON'BLE COURT IN
W.P.(C) NO. 19304 OF 2025
RESPONDENTS' EXHIBITS
Exhibit R1(a) A TRUE OF COPY OF THE RELEVANT PAGES
OF THE KERALA STATE HOUSING BOARD
ESTABLISHMENT (QUALIFICATION AND
METHOD OF APPOINTMENT) REGULATIONS,
Exhibit R1(b) A TRUE COPY OF EXTRACT OF THE MINUTES
OF THE BOARD MEETING DATED 29.11.2022
Exhibit R1(c) A TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.19165/2007 DATED 31/01/2008
Exhibit R1(d) A TRUE COPY OF THE JUDGMENT IN W.A.
NO. 1002/2008 DATED 30/06/2008
Exhibit R1(e) A TRUE COPY OF THE CIRCULAR NO: KSHB-
HO/510/2024-AD1(B) DATED 30/01/2025
Exhibit R1(f) A TRUE COPY OF THE REPORT OF INTERVIEW
CONDUCTED BY THE BOARD TO THE POST OF
SENIOR PROGRAMMER, DATED 25/04/2025
