High Court of KeralaSingle Judge2022-10-27Petitions allowed; impugned PSC proceedings set...

WP(C) Nos. 254, 9281, 9575 and 15597 of 2022 (SATHI K.P; VASU C.; OMANA V.; K.GIRIJA; JAYASREE G)

Case / Petition Number:WP(C) Nos. 254, 9281, 9575 and 15597 of 2022

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2022-10-27
Court Decision / Holding: Writ petitions allowed; impugned PSC proceedings set aside; PSC directed to initiate and complete consequential action expeditiously, in line with W.P.(C) No.23506/2022 and the Supreme Court’s Radhamani judgment, not later than two months from receipt of a copy of this judgment.
Final Disposition: Petitions allowed; impugned PSC proceedings set aside; PSC ordered to initiate and complete consequential action expeditiously in light of 23506/2022 and Radhamani, within two months.

Parties to the Case

Appellants / Petitioners

SATHI.K.P
VASU C.
OMANA V.
K.GIRIJA
JAYASREE G

Respondents

Kerala Public Service Commission represented by Secretary, Thulassi Hills, Pattom Palace P.O., Thiruvananthapuram-695004
The Chairman, Kerala Public Service Commission, Thulassi Hills, Pattom Palace P.O., Thiruvananthapuram-695004
Kerala State Co-Operative Bank Ltd., represented by Chief Executive Officer (CEO), Co-Bank Towers, Head Office, Palayam, Thiruvananthapuram-695033
The District Officer, Kerala Public Service Commission, Pattom Palace P.O., Thiruvananthapuram-695004
The Managing Committee of Kavallo or KavalloOr Pattikajathi Service Co-Operative Society Ltd. No. T.817, represented by President, VattiYoorkavu P.O., Thiruvananthapuram-695013

Legal Representation & Advocates

Counsels for Petitioners

• P.N.MOHANAN
• C.P.SABARI
• AMRUTHA SURESH
• GILROY ROZARIO
• P.C.SASIDHARAN
• GILBERT GEORGE CORREYA

Counsels for Respondents

• GILBERT GEORGE CORREYA
• P.C.SASIDHARAN
• THOMAS ABRAHAM

Case Synopsis & Summary

This batch of writ petitions challenges the Kerala Public Service Commission's recruitment proceedings for employees of primary cooperative societies and related postings against the petitioners across four petitions. The petitioners, namely SATHI K.P, VASU C, OMANA V, K.GIRIJA (and JAYASREE G in WP(C) 9281/2022), contend that the PSC actions are infirm and call for quashing or proper redressal under the governing rules. The matter was heard together on 27.10.2022, with counsel for petitioners and respondents appearing. The Court observed that the issues — both factual and legal — are encompassed by the conclusions in W.P.(C) No.23506/2022. It held that the reliefs granted in that earlier decision must apply to the present petitioners as well. Relying on the Supreme Court’s Radhamani decision, the Court directed the PSC to initiate and complete consequential action expeditiously, though not later than two months from receipt of a copy of the judgment. The directions are crafted to fit the petitioners’ circumstances and not as a universal rule. The judgment emphasizes adherence to due process, transparency, and timely resolution, and signals a broader push for consistent, expedited review of PSC actions in light of prior jurisprudence.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued for quashing the PSC’s recruitment proceedings and sought reliefs akin to those granted in W.P.(C) No.23506/2022, urging that the PSC act in accordance with statutory rules and precedents, with emphasis on due process and timely corrective actions in line with Radhamani.

Contentions of Respondents

The respondents (PSC and the banking/co-operative bodies) contended that the issues are largely governed by the earlier decision in W.P.(C) No.23506/2022 and that the reliefs from that decision should be extended here, stressing the need to preserve the integrity of the selection process while enabling expeditious review within the legal framework.

Cited Precedents (5)

Case Name	Citation	Treatment	Explanation
W.P.(C) No. 23506/2022	WP(C) 23506/2022	Positive	Court cites 23506/2022 to apply similar reliefs and to align with the same conclusions.
Kerala Public Service Commission v. Radhamani	2021 (5) KLT 262	Positive	Used as a guiding authority for the Radhamani-based directive to act expeditiously.
Full Bench Judgment as reported in 2008 (1) KLT 289	2008 (1) KLT 289	Mentioned Only	Exhibited reference; not central to the reasoning.
JUDGMENT OF THE JUDGMENT IN 2007 (1) KLT 88	2007 (1) KLT 88	Mentioned Only	Exhibit reference; background not explicitly discussed in reasoning.
Judgment dated 08.03.2021 in W.P.(C) No.980/2011	W.P.(C) 980/2011	Mentioned Only	Exhibit shows past judgment cited as background; not a controlling ruling.

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Extracted Judgment Text

Exact text extracted from official judgment records.

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ``` THURSDAY, THE 27[TH] DAY OF OCTOBER 2022 / 5TH KARTHIKA, 1944 ``` ## **`WP(C) NO. 254 OF 2022`** ## **`PETITIONER/S:`** - `1 SATHI.K.P AGED 47 YEARS HALL TICKET NO.200107, RESIDING AT KARAMAYIL HOUSE, AYAMKUDY P.O., KOTTAYAM DISTRICT, PIN686613.` - `2 VASU C., HALL TICKET NO.20022, PARUTHIKATTUMADA, VANDITHAVALAM P.O., PALAKKAD DISTRICT, PIN678534.` - `3 OMANA V., HALL TICKET NO.200117, GIRIJA NIVAS, MEPPALLAM, NALLEPPILLY P.O., PALAKKAD-678553.` ``` 4K.GIRIJA, HALL TICKET NO.7, SREESAILAM, NADUVATHUMURI, PARAPPARA P.O., CHAYAM, VITHURA, THIRUVANANTHAPURAM-695551. BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO ``` ## **`RESPONDENT/S:`** - `1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, THULASSI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.` - `2 THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THULASSI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.` - `3 KERALA STATE CO-OPERATIVE BANK LTD.,` **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** **==> picture [20 x 9] intentionally omitted <==** ``` REPRESENTED BY CHIEF EXECUTIVE OFFICER (CEO), CO-BANK TOWERS, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM-695033. ``` ``` BY ADV GILBERT GEORGE CORREYA ``` ## **`OTHER PRESENT:`** ``` SRI P C SASIDHARAN-SC; SRI M SASINDRAN-SC; ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2022, ALONG WITH WP(C).9281/2022, 9575/2022 AND 15597/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..3.. # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 27[TH] DAY OF OCTOBER 2022 / 5TH KARTHIKA, ``` ## **`1944`** ## **`WP(C) NO. 9281 OF 2022`** ## **`PETITIONER/S:`** ``` JAYASREE G AGED 51 YEARS RESIDING AT KURIZHUMUTTAM, PEYAD P.O., THIRUVANANTHAPURAM, WORKING AS SECRETARY, KAVALLOOR PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO.T.817, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695 013. ``` ``` BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH ``` ## **`RESPONDENT/S:`** - `1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, THULASSI HILLS, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.` - `2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, PATTOM PALACE P.O., THIRUVANANTHAPURAM-695004.` - `3 THE MANAGING COMMITTEE OF KAVALLOOR PATTIKAJATHI SERVICE CO-OPERATIVE SOCIETY LTD. NO. T.817, REPRESENTED BY PRESIDENT, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM-695013.` - `4 KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY CHIEF EXECUTIVE OFFICER (CEO), CO-BANK TOWERS, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM-695033. BY ADVS. P.C.SASIDHARAN THOMAS ABRAHAM` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** **==> picture [20 x 9] intentionally omitted <==** ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2022, ALONG WITH WP(C).254/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..5.. ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 27[TH] DAY OF OCTOBER 2022 / 5TH KARTHIKA, ``` ## **`1944`** ## **`WP(C) NO. 9575 OF 2022`** ## **`PETITIONER/S:`** ``` SATHI K.P, AGED 47 YEARS HALL TICKET NO. 200 107, RESIDING AT KARAMAYIL HOUSE, AYAMKUDY P.O, KOTTAYAM DISTRICT 686 613. BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH ``` ## **`RESPONDENT/S:`** - `1 KERALA PUBLIC SERVICE COMMISSION, REPRESENTED BY SECRETARY, THULASSI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004.` - `2 *[THE CHAIRMAN, KERALA PUBLIC SERVICE COMMISSION, THULASSI HILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM 695 004.]` - `*[R2 DELETED FROM PARTY ARRAY AS PER ORDER DATED 20/05/2022 IN IA NO:1/2022 IN WP(C) 9575/2022]` - `3 KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY CHIEF EXECUTIVE OFFICER (CEO), CO- BANK TOWERS, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM 695 033.` ``` BY ADVS. SHRI.P.C.SASIDHARAN, SC, KPSC GILBERT GEORGE CORREYA ``` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** **==> picture [20 x 9] intentionally omitted <==** ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2022, ALONG WITH WP(C).254/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..7.. ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 27[TH] DAY OF OCTOBER 2022 / 5TH KARTHIKA, ``` ## **`1944`** ## **`WP(C) NO. 15597 OF 2022`** ## **`PETITIONER/S:`** - `1 VASU C. AGED 53 YEARS PARUTHIKKATTUMADA, VANDITHAVALAM.P.O, PALAKKAD678 534, PIN - 678534` - `2 OMANA.V, GIRIJA NIVAS, MEPPALLAM, NALLEPILLY, PALAKKAD-678 553 BY ADVS. P.N.MOHANAN GILROY ROZARIO` ## **`RESPONDENT/S:`** - `1 KERALA PUBLIC SERVICE COMMISSION REPRESENTED BY SECRETARY, THULASSIHILLS, PATTOM PALACE P.O, THIRUVANANTHAPURAM -695 004, PIN - 695004` - `2 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, PALAKKAD-678 001.` - `3 KERALA STATE CO-OPERATIVE BANK LTD. REPRESENTED BY CHIEF EXECUTIVE OFFICER (CEO), CO-BANK TOWERS, HEAD OFFICE, PALAYAM, THIRUVANANTHAPURAM-695 033.` - `BY ADV SHRI.P.C.SASIDHARAN, SC, KPSC` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.10.2022, ALONG WITH WP(C).254/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** **==> picture [20 x 9] intentionally omitted <==** ## **JUDGMENT** When this matter was called today, Sri.P.N.Mohanan – learned counsel for the petitioners; Sri.Gilbert George Correya - learned Standing Counsel for the Kerala State Co-operative Bank; Sri.P.C.Sasidharan for Kerala Public Service Commission (PSC) and Sri.M.Sasindran for the party respondent were _ad idem_ that the issues – both factual and legal – involved in these matters, are covered by the conclusions of this Court in the judgment in W.P(C)No.23506/2022. 2. I am, therefore of the firm view that the reliefs granted to the petitioner in W.P.(C)No.23506/2022 must apply to the petitioner herein also. In such circumstances, I, order these writ petitions and set aside the impugned proceedings of the PSC; and consequently, direct them to initiate and complete consequential action, adverting to the judgment of the Hon’ble Supreme Court in _**Kerala Public Service Commission v.**_ _**Radhamani**_ [2021 (5) KLT 262] (produced as Ext.P6 in all the cases and as Ext.P10 in W.P.(C)No.9281/20), as expeditiously ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** **==> picture [20 x 9] intentionally omitted <==** as is possible, but not later than two months from the date of receipt of a copy of this judgment. I make it clear that the directions issued herein are solely on the facts and circumstances impelled by the petitioners and hence, it will apply to them and to no one else. Sd/- **DEVAN RAMACHANDRAN, JUDGE** ACR ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..10.. ## **`APPENDIX OF WP(C) 254/2022`** ``` PETITIONER‘S EXHIBITS ``` - `Exhibit P1 A TRUE COPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 15.5.2006 FOR CATEGORY NO.21/2006 FOR EMPLOYEES OF THE PRIMARY CO-OPERATIVE SOCIETIES.` - `Exhibit P2 A TRUE COPY OF THE ORDER DATED 15.6.1982 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.` - `Exhibit P3 A TRUE COPY OF THE REFERENCE ORDER DATED 15.9.2006 IN WP(C) NO.20776/2006.` - `Exhibit P4 A TRUE COPY OF THE REFERENCE ORDER DATED 23.1.2007 IN WP(C) NO.20776/2006.` - `Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THE FULL BENCH AS REPORTED IN 2008 (1) KLT 289.` - `Exhibit P6 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2021 (5) KLT 262.` - `Exhibit P7 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE PSC FOR THE KOTTAYAM DISTRICT CO-OPERATIVE HAVING ROLL NO.200107.` - `Exhibit P8 A TRUE COPY OF THE RANK LIST OF THE PALAKKAD DISTRICT CO-OPERATIVE BANK.` - `Exhibit P9 A TRUE COPY OF THE RANK LIST OF CATEGORY NO.100/2009.` - `Exhibit P10 A TRUE COPY OF THE PETITION DATED 11.10.2021 SUBMITTED BY THE FIRST PETITIONER BEFORE THE SECOND RESPONDENT.` - `Exhibit P11 A TRUE COPY OF THE PETITION DATED 15.10.2021 SUBMITTED BY THE SECOND AND THIRD PETITIONER BEFORE THE SECOND RESPONDENT.` - `Exhibit P12 A TRUE COPY OF THE PETITION DATED 2.12.2021 SUBMITTED BY THE FOURTH PETITIONER BEFORE THE SECOND RESPONDENT.` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..11.. ## **`APPENDIX OF WP(C) 9281/2022`** ## `PETITIONER‘S EXHIBITS` ``` Exhibit P1A TRUE COPY OF THE ORDER DATED 30.7.1996 OF THE SOCIETY. ``` - `Exhibit P2 A TRUE COPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 13.5.2006 FOR CATEGORY NO.21/2006 FOR EMPLOYEES OF THE PRIMARY CO-OPERATIVE SOCIETIES.` - `Exhibit P3 A TRUE COPY OF THE ORDER DATED 15.6.1982 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.` - `Exhibit P4 A TRUE COPY OF THE SHORT LIST PUBLISHED BY THE PSC.` - `Exhibit P5 A TRUE COPY OF THE EMPLOYMENT CERTIFICATE DATED 28.7.2010 ISSUED BY THE ASSISTANT REGISTRAR.` - `Exhibit P6 A TRUE COPY OF THE CERTIFICATE DATED 6.1.2011 OF THE SOCIETY.` - `Exhibit P7 A TRUE COPY OF THE REFERENCE ORDER DATED 15.9.2006 IN WP(C) NO.20776/2006.` - `Exhibit P8 A TRUE COPY OF THE REFERENCE ORDER DATED 23.1.2007 IN WP(C) NO.20776/06.` - `Exhibit P9 A TRUE COPY OF THE JUDGMENT OF THE FULL BENCH AS REPORTED IN 2008 (1) KLT 289.` - `Exhibit P10 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2021 (5) KLT 262.` - `Exhibit P11 A TRUE COPY OF THE PETITION DATED 7.3.2022 FILED BY THE FIRST RESPONDENT.` - `Exhibit P12 A TRUE COPY OF THE PETITION DATED 7.3.2022 FILED BY THE SECOND RESPONDENT.` - `Exhibit P13 A TRUE COPY OF THE ORDER DATED 20.1.2022 IN WP(C) NO.254/2022.` - `Exhibit P14 A TRUE COPY OF THE ORDER DATED 26.03.2022 ISSUED BY THE SECOND RESPONDENT.` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..12.. ``` Exhibit P15A TRUE COPY OF THE JUDGMENT DATED 08.03.2021 IN W.P.(C) NO.980/2011. ``` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..13.. ## **`APPENDIX OF WP(C) 9575/2022`** ``` PETITIONER‘S EXHIBITS ``` - `Exhibit P1 A TRUE COPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 15.05.2006 FOR CATEGORY NO. 21/2006 FOR EMPLOYEES OF THE PRIMARY CO-OPERATIVE SOCIETIES.` - `Exhibit P2 A TRUE COPY OF THE ORDER DATED 15.06.1982 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.` - `Exhibit P3 A TRUE COPY OF THE REFERENCE ORDER DATED 15.09.2006 IN W.P.C NO. 20776/2006.` - `Exhibit P4 A TRUE COPY OF THE REFERENCE ORDER DATED 23.01.2007 IN W.P.C NO. 20776/2006.` - `Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THE FULL BENCH AS REPORTED IN 2008 (1) 2008 KLT 289.` - `Exhibit P6 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2021 (5) KLT 262.` - `Exhibit P7 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE PSC FOR THE KOTTAYAM DISTRICT CO-OPERATIVE HAVING ROLL NO. 200107` - `Exhibit P8 A TRUE COPY OF THE PETITION DATED 11.10.2021 TO THE CHAIRMAN OF PSC.` - `Exhibit P9 A TRUE COPY OF THE ORDER DATED 20.01.2022 IN W.P.C NO. 254/2022.` - `Exhibit P10 A TRUE COPY OF THE NOTICE DATED 08.03.2020 ISSUED BY PSC.` - `Exhibit P11 A TRUE COPY OF THE REPLY DATED 15.03.2022 SUBMITTED BY THE PETITIONER TO THE PSC.` - `Exhibit P12 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2007 (1) KLT 88` ## **W.P.(C) Nos. 254,9281,9575 and 15597 OF 2022** ..14.. ## **`APPENDIX OF WP(C) 15597/2022`** ``` PETITIONER‘S EXHIBITS ``` - `Exhibit P1 A TRUE COPY OF THE PAPER NOTIFICATION PUBLISHED IN MATHRUBHUMI THOZHIL VARTHA DATED 13.05.2006 FOR CATEGORY NO.21/2006 FOR EMPLOYEES OF THE PRIMARY CO-OPERATIVE SOCIETIES.` - `Exhibit P2 A TRUE COPY OF THE ORDER DATED 15.06.1982 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.` - `Exhibit P3 A TRUE COPY OF THE REFERENCE ORDER DATED 15.09.2006 IN WP(C) NO. 20776/2006.` - `Exhibit P4 A TRUE COPY OF THE REFERENCE ORDER DATED 23.01.2007 IN W.P.(C) NO. 20776/2006` - `Exhibit P5 A TRUE COPY OF THE JUDGMENT OF THE FULL BENCH AS REPORTED IN 2008 (1) KLT 289.` - `Exhibit P6 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2021 (5) KLT 262` - `Exhibit P7 A TRUE COPY OF THE RANK LIST OF THE PALAKKAD DISTRICT CO-OPERATIVE BANK.` - `Exhibit P8 A TRUE COPY OF THE PETITION DATED 15.10.2021 SUBMITTED BY THE PETITIONERS TO THE CHAIRMAN OF PSC.` - `Exhibit P9 A TRUE COPY OF THE ORDER DATED 20.01.2022 IN W.P.(C) NO. 254/2022` - `Exhibit P10 A TRUE COPY OF THE NOTICE DATED 27.04.2022 ISSUED BY PSC TO THE FIRST PETITIONER.` - `Exhibit P11 A TRUE COPY OF THE NOTICE DATED 27.04.2022 ISSUED BY PSC TO THE SECOND PETITIONER.` - `Exhibit P12 A TRUE COPY OF THE ORDERDATED 22.03.2022 IN W,P.(C) NO. 9575/2022.`