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2025 Supreme(Online)(Ker) 56239

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
V. VIPIN KUMAR – Appellant
Versus
TRAVANCORE DEVASWOM BOARD – Respondent
WP(C) NO. 32321 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.D.AJITHKUMAR, SMT.T.MANASY
For the Respondents: SRI.G.BIJU., SC, SRI.V.V.NANDAGOPAL NAMBIAR, SC

The petitioner is entitled to appointment against the EWS category vacancy despite not claiming EWS status at the time of application.

Headnote:The judgment pertains to a writ petition concerning the appointment of the petitioner as Tutor (Panchavadyam) in the Travancore Devaswom Board. The petitioner, claiming EWS status, contends the denial of appointment is illegal despite being ranked 7th in the merit list. The court found it unjust to deny him appointment based on procedural non-compliance concerning his EWS status. Important issues revolved around the interpretation of EWS eligibility and the responsibilities of recruitment authorities. The court ordered the respondents to appoint the petitioner to the suitable EWS vacancy.

Table of Content
1. petitioner applied for tutor position based on ews certificate. (Para 1 , 2)
2. respondent's argument against ews consideration. (Para 3 , 4)
3. court found an entitlement to ews consideration despite application issues. (Para 5 , 6)

JUDGMENT

Dated this the 2nd day of December, 2025 The petitioner states that he has applied for the post of Tutor (Panchavadyam) in Travancore Devaswom Board pursuant to Ext.P1 notification for appointment to the post issued by the 3rd respondent as per Category No.09/2023 dated 11.10.2023. Ext.P2 is the application of the petitioner for the said post of Tutor (Panchavadyam), dated 12.10.2023.

2. The petitioner belongs to Economically Weaker Section category. Ext.P3 Certificate dated 22.11.2024 has been issued by the Village Officer, Konni, stating that the petitioner belongs to Economically Weaker Sections of Citizens in General Category for the purpose of Reservation under Clause 6 of Article 16 of the Constitution of India . Even though seven vacancies of Tutor (Panchavadyam) are available in the Kshethra Kalapeedom under the Devaswom Board and the petitioner is the 7th rank holder in Ext.P4 Rank List, the 3rd respondent is not giving advice for appointment of the petitioner. It is absolutely illegal on the part of the 3rd respondent not giving advice for appointment to the petitioner, contends the petitioner.

3. Standing Counsel for the 3rd respondent entered appearance and resisted the writ petition. The 3rd respondent-Recruitment Board submitted that at the time of submitting application, the petitioner had not claimed EWS status. Therefore, the petitioner can be considered only against open category vacancy. The respondents will be drawing a list of eligible EWS candidates soon.

4. I have heard the learned counsel for the petitioner and the respective learned Standing Counsel representing respondents 1 to 4.

5. In the competitive examination conducted by the Kerala Devaswom Recruitment Board for appointment to the post of Tutor (Panchavadyam), the petitioner was found suitable and was ranked at Serial No.7 in the main list. Though there were seven vacancies, the petitioner has not been offered appointment.

6. The petitioner claims EWS status. Ext.P3 EWS Certificate issued by the Village Officer would indicate that the petitioner falls within the category of EWS. If that be so, the petitioner has to be considered for appointment to any vacancy earmarked for EWS on the basis of better merit and his enlisting in Ext.P4 select list. The mere fact that the petitioner did not upload his claim / EWS Certificate / status need not disentitled the petitioner from appointment against EWS quota vacancy, as the petitioner is admittedly entitled to it as per Ext.P3.

In the circumstances, the writ petition is disposed of directing the respondents to appoint the petitioner as Tutor (Panchavadyam) against the vacancy earmarked for EWS category, in Ext.P6 Rotation Chart.

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