Siyad P.M vs State Of Kerala on 31 March, 2026

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948

                   WP(C) NO. 41228 OF 2022

PETITIONER:

           SIYAD P.M.,
           AGED 49 YEARS
           S/O MUHAMMEDKUNJU (PRESENTLY WORKING AS WAQF
           INSPECTOR IN THE OFFICE OF THE KERALA STATE WAQF
           BOARD, HEAD OFFICE, KOCHI -682017)
           PALLATHUKADAVIL HOUSE, THURAVUNKARA P.O
           ERNAKULAM, PIN - 683575

           BY ADVS.
           SHRI.C.S.AJITH PRAKASH
           SHRI.T.K.DEVARAJAN
           SHRI.BABU M.
           SRI.M.B.SOORI
           SMT.ANCY THANKACHAN
           SHRI.NIDHIN RAJ VETTIKKADAN
           SRI.HAARIS MOOSA
           SMT.GOURI KAILASH



RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
           GOVERNMENT OF KERALA, REVENUE (F) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001
 WP(C)Nos.41228/2022 &             2
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    2       KERALA STATE WAQF BOARD
            V.I.P. ROAD, KALOOR, KOCHI,
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
            PIN - 682017

    3       CHIEF EXECUTIVE OFFICER,
            KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR,
            KOCHI, PIN - 682017


            BY ADV.
            SRI.JAMSHEED HAFIZ

            SMT. SYLAJA S.L.,GP


        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31.03.2026, ALONG WITH WP(C).1558/2023, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.41228/2022 &           3
1558/2023

                                              2026:KER:28851


           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

        THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

TUESDAY, THE 31ST DAY OF MARCH 2026 / 10TH CHAITHRA, 1948

                    WP(C) NO. 1558 OF 2023

PETITIONER:

           SAJITHA M.,
           AGED 47 YEARS
           D/O T.H MUHAMMAD ASHRAF, HOUSE NO. XIII/525,
           CHITTUPARAMBU CHULLIKKAL P.O, THOPPUMPADY,
           ERNAKULAM, PIN - 682005


           BY ADVS.
           SHRI.C.S.AJITH PRAKASH
           SHRI.T.K.DEVARAJAN
           SHRI.BABU M.
           SRI.M.B.SOORI
           SMT.ANCY THANKACHAN
           SRI.HAARIS MOOSA
           SHRI.NIDHIN RAJ VETTIKKADAN
           SMT.GOURI KAILASH
           SMT.KRISHNENDU.D




RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
           GOVERNMENT OF KERALA, REVENUE (F) DEPARTMENT,
           GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
           PIN - 695001
 WP(C)Nos.41228/2022 &           4
1558/2023

                                              2026:KER:28851

    2       KERALA STATE WAQF BOARD,
            V.I.P. ROAD, KALOOR, KOCHI, REPRESENTED BY ITS
            CHIEF EXECUTIVE OFFICER, PIN - 682017

    3       THE CHIEF EXECUTIVE OFFICER
            KERALA STATE WAQF BOARD, V.I.P. ROAD, KALOOR,
            KOCHI, PIN - 682017



        THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 31.03.2026, ALONG WITH WP(C).41228/2022, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)Nos.41228/2022 &                  5
1558/2023

                                                         2026:KER:28851


                              JUDGMENT

[WP(C) Nos.41228/2022 & 1558/2023]

Heard Sri. C.S. Ajith Prakash, the learned counsel for

the petitioners, Smt. Sylaja S.L., the learned Government

Pleader, and Sri. Jamsheed Hafiz, the learned counsel for

respondent Nos. 2 and 3.

2. Sri. C.S. Ajith Prakash, the learned counsel for

the petitioners, would point out that an almost similar issue has

been considered by this Court in W.P.(C) No.12835 of 2023,

wherein the following observations have been made:

"4. In view of the contentions raised in this writ petition as well as the submissions made across the Bar, I am of the opinion that this writ petition can be disposed of with directions.

Therefore, the writ petition would stand disposed of directing the 1st respondent herein to take note of Ext.P1 as well as the recommendation of the 2nd respondent as evidenced by Ext.P8 and pass appropriate orders. While passing orders as above, the 1st respondent shall take into account the judgment of the Apex Court in Jaggo v. Union of India [2024 KHC 6750(SC)]. So as to

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place the subsequent judgments on the point before the 1st respondent, the petitioner would also be permitted to file a supplemental representation within a period of two weeks from today. Orders as above shall be issued by the Government within a period of eight weeks thereafter. Needless to say, the petitioner shall be granted an opportunity of being heard."

In the light of the afore, these writ petitions would also

stand disposed of in terms of the directions issued in W.P.(C)

No.12835 of 2023. The representations filed in these writ

petitions (Ext.P16), would also require to be disposed of by the

respondents herein as above. Needless to state that the

respective petitioners are to be extended an opportunity of

being heard in the matter. Orders shall be passed within a

period of three months.

Sd/-

HARISANKAR V. MENON JUDGE ays

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APPENDIX OF WP(C) NO. 41228 OF 2022

PETITIONER'S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE INITIAL APPOINTMENT ORDER OF THE PETITIONER DATED 12/12/2008 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE DEGREE CERTIFICATE IN B.COM DATED 17/09/1997 ISSUED BY THE MAHATMA GANDHI UNIVERSITY TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED 10/12/1996 ISSUED BY THE BOARD OF TECHNICAL EXAMINATIONS TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE CERTIFICATE IN WINDOWS ISSUED BY THE KETEES, CENTRE FOR COMPUTER STUDIES TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE CERTIFICATE DATED 30/06/1995 ISSUED BY THE KETEES INSTITUTE TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE CERTIFICATE IN DIPLOMA IN COMPUTER APPLICATIONS, DATED 09/02/1996 ISSUED BY THE KETEES, CENTRE FOR COMPUTER STUDIES Exhibit P7 A TRUE COPY OF THE DIPLOMA CERTIFICATE IN COMPUTER APPLICATIONS ISSUED BY THE KERALA STATE RURAL WOMEN'S ELECTRONICS INDUSTRIAL CO-OPERATIVE FEDERATION LTD, THIRUVANANTHAPURAM DATED 01/08/2022 TO THE PETITIONER Exhibit P8 A TRUE COPY OF THE RELEVANT PAGE OF KERALA STATE WAQF BOARD REGULATION, 2003 AND IT'S TYPED COPY Exhibit P9 A TRUE COPY OF THE JUDGMENT IN W.P(C).NO.14845 OF 2009 DATED 12.01.2010 Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED 06.02.2017 IN W.A NO.1429/2011

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Exhibit P11 A TRUE COPY OF THE RELEVANT PAGE DEALING WITH QUALIFICATION PROVISION FOR REGULARIZATION AND METHOD OF APPOINTMENT OF WAQF INSPECTORS AS PER KERALA STATE WAQF BOARD REGULATION, 2016 (REGULATION, 2016) Exhibit P12 A TRUE COPY OF THE LETTER NO:

B.6-571/16 DATED 30.04.2016 BY THE CEO TO THE 1ST RESPONDENT Exhibit P13 A TRUE COPY OF THE LETTER NO.

B6/571/2016 DATED 7/6/2019 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT Exhibit P14 A TRUE COPY OF THE LETTER DATED 08.07.2020 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT Exhibit P15 A TRUE COPY OF THE G.O. (MS) NO.

2/2022/REV. DATED 01/01/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P16 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 3RD RESPONDENT DATED 18/11/2022, BY REGISTERED POST, WITHOUT ITS ANNEXURES

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APPENDIX OF WP(C) NO. 1558 OF 2023

PETITIONER'S EXHIBITS:-

Exhibit P1 A TRUE COPY OF THE DEGREE CERTIFICATE OF THE PETITIONER IN B.COM, ISSUED BY THE MAHATMA GANDHI UNIVERSITY DATED 21.12.2000 TO THE PETITIONER Exhibit P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, GOVERNMENT OF KERALA DATED 11.04.1992 TO THE PETITIONER Exhibit P3 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, GOVERNMENT OF KERALA DATED 17.04.1993 TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, GOVERNMENT OF KERALA DATED 16.04.1994 TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, GOVERNMENT OF KERALA DATED 29.10.1994 TO THE PETITIONER Exhibit P6 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, BOARD OF TECHNICAL EXAMINATIONS, GOVERNMENT OF KERALA DATED 22.03.2013 Exhibit P7 A TRUE COPY OF THE DIPLOMA CERTIFICATE OF THE PETITIONER ISSUED BY THE KERALA STATE RURAL WOMEN'S ELECTRONICS INDUSTRIAL CO OPERATIVE FEDERATION LTD IN COMPUTER APPLICATIONS DATED 01.08.2022 Exhibit P8 A TRUE COPY OF THE ORDER NO. C4 -

1647/2004 DATED 24/04/2009 Exhibit P9 A TRUE COPY OF THE RELEVANT PAGE OF KERALA STATE WAQF BOARD REGULATION,

Exhibit P10 A TRUE COPY OF THE JUDGMENT IN W.P(C).NO.14845 OF 2009 DATED 12.01.2010

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Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 06.02.2017 IN W.A NO.1429/2011 Exhibit P12 A TRUE OF THE RELEVANT PAGE DEALING WITH QUALIFICATION PROVISION FOR REGULARIZATION AND METHOD OF APPOINTMENT OF LD CLERK, LD TYPIST AND CONFIDENTIAL ASSISTANT GRADE -II AS PER KERALA STATE WAQF BOARD REGULATION 2016(REGULATION 2016) Exhibit P13 A TRUE COPY OF THE LETTER NO: B.6- 571/16 DATED 07-06-2019 BY THE CEO TO THE 1ST RESPONDENT Exhibit P14 A TRUE COPY OF THE LETTER DATED 08.07.2020 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT Exhibit P15 A TRUE COPY OF THE G.O. (MS) NO.

2/2022/REV. DATED 01/01/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P16 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPY TO THE 3RD RESPONDENT DATED 09/12/2022, BY REGISTERED POST, WITHOUT ITS ANNEXURES