[Cites 1, Cited by 0]
Kerala High Court
Divon George vs State Of Kerala on 25 March, 2026
2026:KER:26717
1
WP(C) NO. 19129 OF 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 25TH DAY OF MARCH 2026 / 4TH CHAITHRA, 1948
WP(C) NO. 19129 OF 2023
PETITIONER:
DIVON GEORGE
AGED 35 YEARS
S/O GEORGE, SENIOR CLERK/UD CLERK,
PROVIDENCE WOMEN'S COLLEGE KOZHIKODE,
IYNICALPADICKAL HOUSE, KOLAYAD,
KANNUR, PIN - 670650
BY ADVS.
SRI.S.SHYAM KUMAR
SRI.A.ARUNKUMAR
SHRI.SACHIN GEORGE ARAMBAN
SMT.HEERAKRISHNA T.H.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED DY ITS SECRETARY,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
THIRUVANTHAPURAM, PIN - 695001
2 DIRECTOR OF COLLEGIATE EDUCATION
VLKAS BHAVAN, THIRUVANTHAPURAM,
PIN - 695033
2026:KER:26717
2
WP(C) NO. 19129 OF 2023
3 THE DEPUTY DIRECTOR
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
VLKAS BHAVAN, THIRUVANTHAPURAM, PIN - 69503
4 THE DEPUTY DIRECTOR
DEPARTMENT OF COLLEGIATE EDUCATION,
KOZHIKODE, PIN - 673001
5 PROVIDENCE WOMENS COLLEGE
CARMEL HILL, MALAPARAMBA P.O.
CALICUT REPRESENTED BY ITS MANAGER,
PIN - 673009
6 DIANA DCRUZ, LD STORE KEEPER
PROVIDENCE WOMEN'S COLLEGE, CARMEL HILL,
MALAPARAMBE P.O., CALICUT, PIN - 673009
7 UNIVERSFTY OF CALICUT
CALICUT UNIVERSITY PO, MALAPPURAM
REPRESENTED BY ITS REGISTRAR,
PIN - 673635
BY ADVS.
SRI.BRIJESH MOHAN
SRI.T.D.SUSMITH KUMAR
SMT.RESMI G. NAIR
SMT.T.O.DEEPA
SHRI.JAYKAR.K.S.
SHRI.C.SIVADAS
OTHER PRESENT:
SRI. SUNIL NATH, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 25.03.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2026:KER:26717
3
WP(C) NO. 19129 OF 2023
JUDGMENT
The petitioner was appointed as L.D. Clerk with the 5 th
respondent herein, and the 6th respondent was also appointed by
the 5th respondent as L.D Store Keeper. The petitioner was
appointed earlier than the 6th respondent. The appointment of the
petitioner as above was approved, whereas the appointment of
the 6th respondent was not approved since there were no
notifications issued by the 5th respondent in the matter. However,
only a warning was issued at Ext.P6 by the Government for
carrying out the appointment of the 6 th respondent as above.
Later, a vacancy arose in the post of Senior/U.D Clerk. The
petitioner applied for the afore post, and he also had to clear the
departmental tests. The departmental test was notified to be
conducted with the last examination scheduled to be conducted
on 29.03.2020. However on account of the Covid-19 pandemic,
the examination as scheduled could not be conducted and
2026:KER:26717
WP(C) NO. 19129 OF 2023
ultimately it was conducted only on 10.10.2020, the petitioner
successfully coming out of the afore test. On that basis, the
petitioner was promoted later on 01.07.2021, the afore promotion
being subsequently approved by Ext.P14. However, the 6 th
respondent sought to file a complaint pointing out that, with
reference to the provisions of Rule 28BBB of Part II KS&SSR, the
date of the last examination (29.03.2020) was the relevant date
and since on that date the petitioner was not qualified, he could
not be promoted (since the tests did not take place). By Ext.P17
order dated 03.06.2023, the 2nd respondent herein accepted the
afore complaint and cancelled the approval of the appointment
granted to the petitioner as above. This is followed by Ext.P18
issued by the 3rd respondent, directing the 6th respondent to be
promoted to the post of Senior/U.D Clerk. It is seeking to
challenge orders at Exts.P17 and P18 issued as above that the
petitioner has filed a captioned writ petition.
2. Heard Sri.S.Shyam Kumar, the learned counsel
2026:KER:26717
WP(C) NO. 19129 OF 2023
for the petitioner, Sri.Brijesh Mohan, the learned counsel for the
5th respondent, Sri.T.D.Susmith Kumar, the learned counsel for
the 6th respondent and Sri.Sunil Nath, the learned Government
Pleader.
3. The short issue arising for consideration is as
regards the sustainability or otherwise of Exts.P17 and P18 issued
as above.
4. The 5th respondent has filed a counter affidavit
pointing out that the Government, taking note of the inability to
conduct the examination during the Covid period, has come out
with a Government Order dated 21.10.2023, clarifying that even
with respect to those cases where the applicant could not acquire
the required qualification on account of the non conduct of the
examination, an eligible claim is not to be defeated.
5. In the light of the afore, I am of the opinion that
the consideration made while issuing Exts.P17 and P18 does not
appear to be correct. This Court also notices the counter affidavit
2026:KER:26717
WP(C) NO. 19129 OF 2023
filed by the 2nd respondent wherein, with reference to the
Government Order referred to above, the Government has
clarified that the matter requires reconsideration at the hands of
the Government.
6. As already noticed, it is only on account of the
non-conducting of the exams as originally scheduled due to
Covid-19 pandemic - a reason beyond the control of the
petitioner- he could not clear that exam on 29.03.2020.
Admittedly, he has cleared the same in the next available
opportunity also. So in my opinion, as subsequently clarified by
the Government, the petitioner's claim is not to be declined.
7. In the light of afore, I am of the opinion that a
remit is not required since ultimately, by virtue of the
Government Order referred to above, the petitioner's eligibility
ought to be considered with reference to the date on which the
examination was proposed to be conducted - 29.03.2020, about
which there is no dispute. Therefore, I am of the opinion that
2026:KER:26717
WP(C) NO. 19129 OF 2023
promotion granted to the petitioner, which has subsequently
been approved, does not require any interference.
Therefore, I allow this writ petition, setting aside
Ext.P17. The consequential order at Ext.P18 is also set aside.
Sd/-
HARISANKAR V. MENON , JUDGE
AS
2026:KER:26717
WP(C) NO. 19129 OF 2023
APPENDIX OF WP(C) NO. 19129 OF 2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE STAFF PATTERN OF NON-
TEACHING STAFF IN THE 5TH RESPONDENT
COLLAGE APPROVED BY THE 2ND RESPONDENT
DATED 30.06.2017
EXHIBIT P2 TRUE COPY OF THE RANK LIST DATED
11.01.2019 PUBLISHED BY THE 5TH
RESPONDENT FOR THE POST OF LD CLERK
EXHIBIT P3 TRUE COPY OF THE PROCEEDING OF THE 3RD
RESPONDENT DATED 17.06.2019
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED
13.05.2020 MADE BY THE 4TH RESPONDENT TO
THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE COMMUNICATION MADE BY
THE 2ND RESPONDENT DATED 12.07.2020
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED
06.01.2021 ISSUED BY THE 2ND RESPONDENT
EXHIBIT P7 TRUE COPY OF THE CERTIFICATE ISSUE BY
THE KERALA PUBLIC SERVICE COMMISSION TO
THE PETITIONER FOR ACCOUNT TEST (LOWER)
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION TO
THE PETITIONER FOR ACCOUNT TEST (HIGHER
EXHIBIT P9 TRUE COPY OF THE EXAMINATION SCHEDULE
SHOWN IN THE WEB PORTAL OF THE KERALA
PUBLIC SERVICE COMMISSION FOR THE
DEPARTMENTAL TEST JANUARY 2020
EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUE BY
THE KERALA PUBLIC SERVICE COMMISSION TO
THE PETITIONER FOR MANUAL OF OFFICE
PROCEDURE TEST DATED 07-03-2021
EXHIBIT P11 TRUE COPY OF THE STATEMENT OF THE
PRINCIPAL OF THE 5TH RESPONDENT COLLAGE
EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
05.03.2021 MADE BY THE PETITIONER BEFORE
2026:KER:26717
WP(C) NO. 19129 OF 2023
THE 5TH RESPONDENT
EXHIBIT P13 TRUE COPY OF THE ORDER OF PROMOTION
DATED 01.07.2021 ISSUED BY THE 5TH
RESPONDENT
EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OF THE 3RD
RESPONDENT DATED 18.10.2021
EXHIBIT P15 TRUE COPY OF THE SENIORITY LIST OF
TEACHING STAFFS IN THE 5TH RESPONDENT
EXHIBIT P16 TRUE COPY OF THE STATEMENT SUBMITTED BY
THE 5TH RESPONDENT BEFORE THE 2ND
RESPONDENT
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 03.06.2023
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P18 TRUE COPY OF THE ORDER DATED 05.06.2023
ISSUED BY THE 2ND RESPONDENT
EXHIBIT P19 A TRUE COPY OF THE COMMUNICATION DATED
24.08.2023 MADE BY THE 4TH RESPONDENT TO
THE 5TH RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R5(A) TRUE COPY OF GO(MS)NO.20/2023/P AND ARD
DATED 21-10-2023 ISSUED BY THE
GOVERNMENT
EXHIBIT R-6(A) A TRUE COPY OF THE APPOINTMENT ORDER NO.
35/1A/2018-19 DATED 22/01/2019.
EXHIBIT R-6(B) A TRUE COPY OF THE ORDER NO.
F5/63523/2019/ DCE/KDIS DATED 29/07/19
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT R-6(C) A TRUE COPY OF THE DEPARTMENTAL TEST
CERTIFICATE DATED 11/05/2020 ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION.
EXHIBIT R-6(D) A TRUE COPY OF THE DEPARTMENTAL TEST
CERTIFICATE DATED 28/09/2020 ISSUED BY
THE KERALA PUBLIC SERVICE COMMISSION
EXHIBIT R-6(E) A TRUE COPY OF ORDER NO. 13/IA/2020-2021
DATED 22/01/2021, ISSUED BY THE MANAGER
OF THE RESPONDENT INSTITUTION
EXHIBIT R-6(F) A TRUE COPY OF THE LETTER DATED
24/02/2021 ADDRESSED TO THE PRINCIPAL OF
2026:KER:26717
WP(C) NO. 19129 OF 2023
THE 5TH RESPONDENT COLLEGE.
EXHIBIT R-6(G) A TRUE COPY OF THE ORDER NO.30/IA/2019-
20, DATED 22/01/2020.
EXHIBIT R-6(H) A TRUE COPY OF THE REPRESENTATION DATED
12/11/2021 SUBMITTED TO THE 2ND
RESPONDENT
EXHIBIT R-6(I) A TRUE COPY OF THE ENQUIRY REPORT DATED
26/08/2022 ISSUED BY THE 3RD RESPONDENT-
DEPUTY DIRECTOR
