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High Court of KeralaSingle JudgeDisposed of

Subhash.V and others v Kerala Public Service Commission and others

Case / Petition Number:WP(C) NO. 36774 OF 2023
Neutral Citation:2025:KER:27206

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • D. K. Singh
Judgment Date
2025-03-28
Court Decision / Holding
The High Court disposed of the petition with directions: the KPSC is directed to send advice in respect of the vacancy intimated for sending advice from Ext. P-2 rank list for making an appointment by the 6th respondent at an early date. The court noted Ext. P-2 (dated 25/07/2023) remains valid for three years and that eight additional vacancies were intimated to KPSC by Matsyafed during this period. It is further directed that the KPSC will proceed to advise candidates from Ext. P-2 for those vacancies, and the petition is disposed of with these directions.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • SUBHASH.V
  • MOHAMMAD RIYAS.P
  • CHANDRALEKHA.E.R
  • VIPIN VG

Respondents

  • KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN
  • STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT
  • THE MANAGING DIRECTOR THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) HEAD OFFICE
  • THE MANAGING DIRECTOR KERAFED WATER WORKS COMPOUND
  • THE ADMINISTRATOR THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD
  • THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD (MATSYAFED)
  • THE CHAIRMAN KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD
  • THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE FEDERATION FOR SC/ST DEVELOPMENT COOPERATIVES LTD
  • THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD
  • THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD
  • THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD
  • THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD
  • THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD
  • THE KERALA STATE HANDLOOM WEAVER'S CO-OPERATIVE SOCIETY LTD
  • THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE SOCIETY LTD
  • THE KERALA STATE HANDICRAFT APEX CO-OPERATIVE SOCIETY LTD
  • THE KERALA STATE CO-OPERATIVE TEXTILE FEDERATION LTD

Legal Representation & Advocates

Counsels for Petitioners

  • • DINOOP P.D.
  • • M.R.SUDHEENDRAN
  • • SARITHA NANDANAN

Counsels for Respondents

  • • GILBERT GEORGE CORREYA
  • • Manu Govind
  • • Nisha George
  • • T.P.PRADEEP
  • • LATHA ANAND
  • • M.SASINDRAN
  • • Jeoana James

Case Synopsis & Summary

This writ petition concerns the selection process for the post of Accountant in Kerala’s apex cooperative bodies. The petitioners Subhash.V, Mohammad Riyas.P, Chandralekha.E.R and Vipin.V.G approached the High Court challenging the recruitment process following notification dated 16 November 2020 issued by the Kerala Public Service Commission (KPSC). They sought a mandamus and related directions on several fronts: (i) that all Accountant vacancies in the 3rd respondent bank (MATSYAFED) up to 27 March 2023, including vacancies where temporary hands were working, be filled from the Exhibit P-2 rank list; (ii) that all Accountant vacancies in the 4th respondent KERAFED up to 29 September 2022 be filled from the same rank list; (iii) that respondents 5 to 17 report all Accountant vacancies to the first respondent for appointment from the Ext. P-2 rank list; (iv) that the KPSC advise candidates for appointment from Ext. P-2; and (v) any other relief. The court noted that Ext. P-2 is dated 25 July 2023 and remains valid for three years, during which eight more vacancies were intimated for advice. The KPSC argued vacancies were intimated only on 18 March 2025 and pledged to initiate advice from the rank list; the 6th respondent joined and sought a vacancy to be informed soon. The court directed the KPSC to send advice regarding the vacancy intimated for Ext. P-2 from the rank list for appointment by the 6th respondent at an early date and disposed of the petition with these directions, emphasizing the need to utilize existing rank lists efficiently and timely."

Provisions of Law Cited

RIGHT TO INFORMATION ACTSpecial Rules (G.O.(P) No.87/2023 CO-OP) dated 24/03/2023Special Rules (G.O.(MS) No.83/2022/AGRI) dated 29/09/2022Notification dated 16/11/2020 issued by the First Respondent (KPSC)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that all Accountant vacancies arising in the 3rd respondent bank (MATSYAFED) till 27/03/2023, and in the 4th respondent KERAFED till 29/09/2022, should be filled from the Ext. P-2 rank list, including vacancies where temporary hands were working. They seek mandamus directives directing the respondents to report these vacancies for appointment from the Ext. P-2 list and to advise candidates accordingly. They rely on the validity of the Ext. P-2 rank list, its alignment with Special Rules, and the notification of 16/11/2020 to secure timely recruitment from a certified list rather than ad hoc appointments. They argue that the rank list should be utilized before it expires and that the 6th respondent’s vacancies must be addressed promptly to prevent stagnation of appointments. Finally, they urge this Court to ensure that KPSC advises candidates from Ext. P-2 and communicates vacancies promptly to fulfill the rights of the petitioners and others in the candidate pool.

Contentions of Respondents

The KPSC contends that vacancies were intimated only on 18/03/2025, and steps to advise candidates from Ext. P-2 would be taken. The Respondents 5-17 argue for adherence to established procedures and the primacy of the rank list in filling vacancies, but the KPSC asserts that there is still time within the three-year validity of Ext. P-2, and that it must inform candidates once vacancies are properly intimated. The 6th respondent’s counsel submits that one more vacancy must be informed soon. The respondents emphasize compliance with statutory and governmental rules, and timeliness of advisories, while seeking to maintain integrity of the selection process and avoid arbitrary filling of vacancies.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` 2025:KER:27206 ``` ``` WP(C) NO. 36774 OF 2023 ``` ``` 1 ``` ``` WP(C) NO.36774 OF 2023 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE D. K. SINGH ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ## **`PETITIONER/S:`** - **`1 SUBHASH.V AGED 40 YEARS S/O GOPALAKRISHNAN V, GOKULAM HOUSE, PUTHUKKUDIPARAMBA,MANJERI-POST,MALAPPURAM, PIN - 676121`** - **`2 MOHAMMAD RIYAS.P AGED 29 YEARS S/O ALAVIKUTTY.P,PUZHAKKAL(H),PONMALA.P.O,POOVAD,PONMALA, MALAPPURAM, PIN - 676528`** - **`3 CHANDRALEKHA.E.R AGED 42 YEARS D/ORAMACHANDRAN,ELAYIDATH(H),MUDUR(PO),VATTAMKULAM, MALAPPURAM, PIN - 679578`** - **`4 VIPIN VG AGED 34 YEARS S/O VIJAYAN,VIJAYAVILASOME,MANOOR,DALUMUGHOM P.O, TRIVANDRUM, PIN - 695125`** ``` BY ADVS. DINOOP P.D. M.R.SUDHEENDRAN SARITHA NANDANAN ``` ## **`RESPONDENT/S:`** - **`1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY ITS CHAIRMAN, PATTAM, TRIVANDRUM, PIN - 695001`** ``` 2025:KER:27206 ``` ``` 2 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`WP(C) NO. 36774 OF 2023`** - **`2 STATE OF KERALA REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001`** - **`3 THE MANAGING DIRECTOR THE KERALA STATE CO-OPERATIVE BANK (KERALA BANK) HEAD OFFICE, COBANK TOWERS. P.B. NO. 6515, VIKAS BHAVAN P.O PALAYAM, THIRUVANANTHAPURAM, PIN - 695001`** - **`4 THE MANAGING DIRECTOR KERAFED WATER WORKS COMPOUND VELLAYAMBALAM, VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN - 695033`** - **`5 THE ADMINISTRATOR THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD, HEAD OFFICE, POST BOX NO. 56 STATUE, THIRUVANANTHAPURAM, PIN - 695001`** - **`6 THE MANAGING DIRECTOR KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES DEVELOPMENT LTD, MATSYAFED, KAMALESWARAM, MANACAUD P.O, THIRUVANANTHAPURAM, PIN - 695009`** - **`7 THE CHAIRMAN KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD &#8216;MILMA BHAVAN', PATTOM PALACE P.O, HIRUVANANTHAPURAM, PIN - 695004`** - **`8 THE MANAGING DIRECTOR KERALA STATE FEDERATION OF SC/ST DEVELOPMENT COOPERATIVES LTD. FEDERATION COMPOUND A.K.G NAGAR ROAD, PEROORKADA P.O, THIRUVANANTHAPURAM, PIN - 695005`** - **`9 THE KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD REPRESENTED BY ITS CHAIRMAN, POST BOX NO.2024, GANDHI NAGAR, KOCHI, PIN - 682020`** - **`10 THE KERALA STATE CO-OPERATIVE HOUSING FEDERATION LTD REPRESENTED BY ITS MANAGING DIRECTOR, POST BOX NO. 1896,KALOOR, KOCHI ERNAKULAM, PIN - 682017`** - **`11 THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD`** - **`REPRESENTED BY ITS MANGING DIRECTOR, POST BOX NO.15, GANDHI NAGAR KOCHI, PIN - 682020`** ``` 2025:KER:27206 ``` ``` 3 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO. 36774 OF 2023 ``` - **`12 THE KERALA STATE CO-OPERATIVE CONSUMERS FEDERATION LTD REPRESENTED BY ITS MANGING DIRECTOR, GANDHI NAGAR, ERNAKULAM, KOCHI, PIN - 682020`** - **`13 THE KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD REPRESENTED BY ITS PRESIDENT, POST BOX NO. 4616, ALAPPUZHA, PIN - 688012`** - **`14 THE KERALA STATE HANDLOOM WEAVER'S CO-OPERATIVE SOCIETY LTD REPRESENTED BY ITS MANGING DIRECTOR POST BOX NO. 64, OOTTUKUZHI, THIRUVANANTHAPURAM, PIN - 695001`** - **`15 THE KERALA STATE CASHEW WORKERS APEX INDUSTRIAL COOPERATIVE SOCIETY LTD REPRESENTED BY ITS MANGING DIRECTOR POST BOX NO. 262 INDUSTRIAL DEVELOPMENT PLOC(H&C COMPOUND) MUNDAKKAL WEST KOLLAM, PIN - 691001`** - **`16 THE KERALA STATE HANDICRAFT APEX CO-OPERATIVE SOCIETY LTD REPRESENTED BY ITS MANAGER, MANNANCHERIL BUILDING, KANNANTHODATH LANE, VALANJAMBALAM, ERNAKULAM,COCHIN, PIN - 682016`** - **`17 THE KERALA STATE CO-OPERATIVE TEXTILE FEDERATION LTD REPRESENTED BY ITS MANGING DIRECTOR, TC 4/1759, MUTHUSWAMY LANE, DEVASWOM BOARD JUNCTION, THIRUVANANTHAPURAM, PIN - 695003`** ``` BY ADVS. GILBERT GEORGE CORREYA Manu Govind Nisha George T.P.PRADEEP LATHA ANAND M.SASINDRAN ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ``` ``` 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` 4 ``` **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:27206 ``` ## **`WP(C) NO. 36774 OF 2023`** ## JUDGMENT The petitioner, who participated in the selection process for the post of Accountant in the Apex Societies of Co-operative Sector, Kerala in pursuance to the notification dated 16.11.2020, issued by the Kerala Public Service Commission has approached this court in the present writ petition for the following reliefs:- “ i. Declare that all the vacancies of accountant which arose in the 3rd respondent bank till 27/03/2023, the date of Exhibit P- 4 Special rules, are liable to be filled up from Exhibit P-2 rank list and issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 2 & 3 to report all the vacancies of accountant which arose in the 3rd respondent bank till 27/03/2023, including the vacancies against which temporary hands are working, to the first respondent, within a time limit to be prescribed by this honorable Court. ii. Declare that all the vacancies of accountant which arose in the 4th respondent KERAFED till 29/09/2022, the date of Exhibit P-5 Special rules, are liable to be filled up from Exhibit P-2 rank list and issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to report all the vacancies of accountant which arose in the 4th respondent till 29/09/2022, including the vacancies against which temporary hands are working, to the first respondent, within a time limit to be prescribed by this honorable Court. iii. Issue a writ of mandamus directing the respondents 5 to 17 to report all the vacancies of accountants including the vacancies against which temporary hands are working, to the first respondent for appointment from ``` 2025:KER:27206 ``` ``` WP(C) NO. 36774 OF 2023 ``` **==> picture [58 x 58] intentionally omitted <==** ``` 5 ``` Exhibit P-2 rank list, without any delay. iv. Direct the first respondent to advise candidates for appointment against all the reported vacancies of accountant and the vacancies to be reported for appointment from Exbt. P-2 rank list v Grant such other relief as this Honorable Court may deem fit.” 2.The rank list dated 25.07.2023 is still valid since three years have not expired. During the currency of the rank list, eight more vacancies have been intimated to the KPSC by MATSYAFED, the 6[th] respondent, to be filled up by the rank list in Ext.P2. 3.Ms. Jeoana James, learned counsel appearing for the KPSC submits that the vacancies have been intimated only on 18.03.2025 and the KPSC will take the steps for sending the advice to the candidates from the rank list. 4.The learned counsel for the 6th respondent submits that the KPSC must also be informed of one more vacancy for making advice, and the said vacancy shall also be informed to the KPSC very soon. In view of the aforesaid, the KPSC is directed to send advice in respect of the vacancy intimated for sending advice **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:27206 ``` ``` WP(C) NO. 36774 OF 2023 ``` ``` 6 ``` from the Ext.P2 rank list for making an appointment by the 6[th] respondent at an early date. With the aforesaid direction, the present writ petition is disposed of. Sd/- D. K. SINGH JUDGE SJ ``` 2025:KER:27206 ``` ``` 7 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`WP(C) NO. 36774 OF 2023`** ## **`APPENDIX OF WP(C) 36774/2023`** ## **`PETITIONER EXHIBITS`** |**`Exhibit P1`**|**`A TRUE COPY OF THE NOTIFICATION DATED`**| |---|---| ||**`16/11/2020 ISSUED BY THE FIRST RESPONDENT IS`**| ||**`PRODUCED`**| |**`Exhibit P2`**|**`A TRUE COPY OF THE RANK LIST NO.620/2023/ER`**| ||**`IIA WHICH CAME INTO FORCE WITH EFFECT FROM`**| ||**`25/07/2023 IS PRODUCED`**| |**`Exhibit P3`**|**`A TRUE COPY OF THE REPLY DATED 13-3-2023`**| ||**`RECEIVED UNDER THE RTI ACT IS PRODUCED`**| |**`Exhibit P4`**|**`A TRUE COPY OF THE RELEVANT PORTION OF THE`**| ||**`SPECIAL RULES(G.O.(P)NO.87/2023/CO-OP) DATED`**| ||**`24/03/2023 IS PRODUCED`**| |**`Exhibit P5`**|**`A TRUE COPY OF THE RELEVANT PORTION OF THE`**| ||**`SPECIAL RULES(G.O.(MS)NO.83/2022/AGRI) DATED`**| ||**`29/09/2022 IS PRODUCED`**| |**`Exhibit P6`**|**`A TRUE COPY OF THE INFORMATION OBTAINED UNDER`**| ||**`THE RIGHT TO INFORMATION ACT DATED`**| ||**`ON24/06/2023 IS PRODUCED`**| |**`RESPONDENT EXHIBITS`**|| |**`Ext. R3(a)`**|**`True copy of full Text of recruitment rules`**| ||**`dated 24/03/2023.`**| |**`Exhibit R7(a)`**|**`True copy of the letter.No.PER:7/2012/6673`**| ||**`dated 11/11/2023 submitted by the 7th`**| ||**`respondent to the Secretary, Kerala Public`**| ||**`Service Commission`**| |**`PETITIONER EXHIBITS`**|| |**`EXHIBIT P-7`**|**`A TRUE COPY OF THE NOTIFICATION NO. 225/2017`**| ||**`DATED 28/6/2017`**| |**`EXHIBIT P-8`**|**`A TRUE COPY OF THE STATUS OF POST OBTAINED`**| ||**`FROM THE FIRST RESPONDENT WEBSITE`**| ``` 2025:KER:27206 ``` **==> picture [58 x 58] intentionally omitted <==** ``` WP(C) NO. 36774 OF 2023 ``` **==> picture [8 x 9] intentionally omitted <==** ``` EXHIBIT P-9 A TRUE COPY OF THE NOTIFICATION NO.410/2019 DAED 30/12/2019 EXHIBIT P-10 A TRUE COPY OF THE STATUS OF POST FROM KSPSC SITE ```