Interim Relief Granted to Petitioner in Service Law Case, Preventing Appointment of Top-Ranked Candidate
In a significant development, the Kerala High Court has issued an interim order preventing the appointment of a candidate ranked first on a selection list for a government position, due to an alleged lack of prescribed qualifications. The order was passed by Justice K.V. Jayakumar in response to a petition filed by D'cruz Anisha D, who is second on the rank list.
The petitioner, represented by advocates A. Aruna, Jisha Shaji, P.V. Uttara, and Olivia Leela Jacob, argued that the top-ranked candidate, Hashim M. Kabeer, did not meet the qualifications as outlined in the official notification, Ext.P1. The court heard the arguments and agreed to the petitioner's plea for interim relief, preventing the issuance of an appointment order to Hashim M. Kabeer until the matter is resolved.
The court has directed that notice be issued to all respondents, with the Government Pleader representing the State of Kerala. M/s. Latha Anand and S. Vishnu (Arikkattil) are advocating for the other respondents in the case.
The interim order is set to remain in effect until January 5, 2026, to allow for further proceedings. The case highlights the critical importance of adhering to prescribed qualifications in public appointments and ensures that merit is upheld in the selection process.
The next hearing is scheduled post the return of notice on January 5, 2026, when further arguments will be heard, and the court will decide on the continuation or modification of the interim relief granted.
Bottom Line:
Service Law - Interim relief granted to petitioner challenging the appointment of the ranked No.1 person in the rank list due to lack of prescribed qualifications, and petitioner being next in line in the rank list.
Statutory provision(s): Service Law, Interim Relief
D'cruz Anisha D v. State of Kerala, (Kerala) : Law Finder Doc Id # 2832927
