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2023 Supreme(Ker) 907

RAJA VIJAYARAGHAVAN V.
Jithesh V. S/o Balakrishnan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Varun C. Vijay, Divya Chandran.
For the Respondents: Georgie Johny, K.R. Ganesh, Elvin Peter P.J., Gouri Balagopal, Abhijith K. Anirudhan, P.M. Johny, P.C. Sasidharan, Sreelekshmi A.S.

JUDGMENT :

1. The petitioners in W.P. (C) No. 30646/2023 and W.P. (C) No. 30215/2013 are working as “Operators” in the Kerala Water Authority (KWA). They are aspirants for the post of Assistant Engineer in the Kerala Water Authority under the in-service/departmental quota. Their grievance in these writ petitions is that they have been denied an opportunity to participate in the selection process for the post of Assistant Engineer, which has been notified as Category No. 138/2022 by the Kerala Public Service Commission (KPSC) on the ground that as on the date of notification, the persons like petitioners were not eligible to apply for the said post under the in-service/departmental quota in terms of the Kerala Public Health Engineering Subordinate Service Special Rules, 1966 (PHESS Rules, 1966).

2. W.P. (C) No. 34313/2023 has been filed by the petitioners who have been working as Draftsman Grade-II in the KWA. They contend that they possess the qualification of degree in Engineering and are fully qualified to be considered for appointment to the post of Assistant Engineer in the 1

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