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2026 Supreme(Online)(Ker) 62
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
LEKSHMI CHANDRAN G. – Appellant
Versus
KERALA STATE HOUSING BOARD – Respondent
WP(C) NO. 35656 OF 2025
For the Appellants/Petitioners: SRI.ACHUTH KYLAS, SMT.SREEDEVI KYLASANATH, SRI.SACHIN P.K., SRI.VARGHESE XAVIER
For the Respondents: SRI.K.P. MADHU
The court affirmed the entitlement of an Assistant Grade-I for appointment by transfer as Senior Programmer based on educational qualifications without the need for prior experience as per governing regulations.
Headnote:The petitioner, working as Assistant Grade-I, seeks to quash Ext.P9 and be declared eligible for transfer appointment as Senior Programmer under Ext.P4 Regulations, which stipulates qualifications and methods for junior posts. The court finds that the qualifications held by the petitioner meet the requirements outlined in Ext.P4, no technical expertise is mandated, and therefore questions the respondents' rejection of her application. Accordingly, quash Ext.P9 and direct the petitioner’s appointment as Senior Programmer within one month.
| Table of Content |
|---|
| 1. petitioner seeks appointment by transfer as senior programmer based on qualification. (Para 1 , 2 , 3 , 4) |
| 2. court examines the method of selection and qualification criteria for appointment. (Para 6 , 7) |
| 3. court's reasoning on qualification and absence of required prior experience. (Para 9 , 10 , 11) |
| 4. court orders the appointment of the petitioner as senior programmer. (Para 12) |
J U D G M E N T
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The petitioner, who is working as Assistant Grade-I under the 1st respondent-Kerala State Housing Board, seeks to quash Ext.P9 and to declare that she is eligible and entitled for appointment by transfer as Senior Programmer under the 1st respondent-Board.
2. The petitioner states that she joined service under the Kerala State Housing Board as Assistant Grade-II on 21.04.2022 on the basis of PSC advice. Her probation was declared with effect from 29.04.2024. She was promoted as Assistant Grade-I as per order dated
30.09.2024.
3. The petitioner states that appointment to the post of Senior Programmer is governed by Ext.P4 – Kerala State Housing Board Establishment (Qualification and Method of Appointment) Regulations 2022. As per Ext.P4 Regulations, the posts of Senior Programmer are to be filled up by transfer from any service of the Kerala State Housing Board. In the absence of suitable candidates from the Board, the post can be filled up by deputation / direct recruitment.
4. The qualification prescribed for Senior Programmer is graduate in Computer Engineer / Technology or graduate with PGDCA / MCA. The petitioner possesses Bachelor of Engineering in Computer Science and Engineering Degree awarded by Anna University of Technology, Tirunelveli. She also holds M.Tech Computer Science and Engineering Certificate issued by the Kerala University.
5. Pursuant to Ext.P7 Circular dated
30.01.2025 calling applications for appointment to the post of Senior Programmer, the petitioner submitted application. The petitioner was called for interview. However, by Ext.P9 order, the 3rd respondent informed that the petitioner does not possess the requisite qualification for appointment as Senior Programmer.
6. The petitioner states that there are three posts of Senior Programmer in the Board. Though three persons submitted applications, one applicant had not completed probation and therefore only two persons were called for interview. The reasoning given in Ext.P9 cannot be sustained. Ext.P4 Regulations do not prescribe technical experience or programming skill for by-transfer appointment.
The petitioner possesses requisite qualification for selection. Rejection of the petitioner's candidature is therefore illegal and unsustainable.
7. Respondents 1 to 3 opposed the writ petition. The respondents submitted that there are three sanctioned posts of Senior Programmer in the Board. The three posts are vacant. The Board meeting held on 30.09.2023 decided to appoint Senior Programmers on contract basis, deputation or through PSC. In the absence of a specific method of selection, it is open to the Board of Directors to device appropriate selection mechanism. 8. In the interview conducted by a panel comprising of the Board Secretary, subject expert from Kerala State IT Mission, Assistant Secretary and the Systems Manager, the interview panel found that both the candidates lacked requisite technical expertise despite their educational qualifications. Therefore, the petitioner could not have been appointed.
9. I have heard the learned counsel for the petitioner and the learned Standing Counsel representing the respondents.
10. The appointment in question is to the post of Senior Programmer. The appointment is governed by Ext.P4 Regulations 2022. The qualification prescribed for Senior Programmer is :
(i) Must be a graduate in Computer Engineering / Technology.
(ii) Must be a graduate with PGDCA / MCA.
The petitioner possesses Ext.P5 Degree in Bachelor of Engineering in Computer Science and Engineering awarded by Anna University of Te
