Kerala High Court Stays Appointment Of KMML Law Officer After Plea Alleges Favouritism In Recruitment Process

The plea was preferred by an aspirant to the post and originally, prayers in the plea were for directions to correct the illegality in the conduct of the recruitment process.

The counsel for the petitioner Dcruz Anisha. D submitted that the appointee who is ranked No.1 in the rank list–Sri. Hashim M.Kabeer does not have the prescribed qualifications as per notification and that she is next in line having rank no. 2 in the rank list. It was submitted that if appointment order is issued to Hashim M.Kabeer, the relief sought in the writ petition will be infructuous.

Issuing notice on the plea, Justice K.V. Jayakumar in the order said:

"Considering the facts and circumstances of the case, there will be an interim order not to issue an appointment order till 05.01.2026"

According to the petitioner, the recruitment to the post was being conducted in contravention of Clause 339 of the Manual of the Laws Relating to the Kerala Public Service Commission by giving excessive weightage to interview. This clause essentially states that the maximum marks for interview shall be 20% of the maximum marks for the written test when selection to a post is finalised by written test and interview.

The plea points out that 100 marks is the maximum allotted to the written exam whereas interview marks is out of a total of 25 marks. She had thus challenged this allotment. Additionally, the plea also prays for more transparency in the split-up of maximum marks for each subject in the syllabus for the exam and for the interview and the written exam to be recorded.

In the plea, the petitioner has highlighted certain instances of bias and mistreatment faced by her while she was working as Legal Officer in KMML on contract basis for 1 year.

During the course of the proceedings, the Kerala Public Enterprises (Selection And Recruitment) Board, which is conducting the recruitment, filed a counter affidavit, opposing the plea.

While the plea was pending, the written exam and interview were conducted, and a rank list was also published. The petitioner was ranked in the second position and Hashim M. Kabir was ranked first with a difference of two marks.

At this juncture, the plea was amended alleging that the first position holder was given comparatively higher marks in the interview to lower the petitioner's rank. She claimed that she was being treated unfairly because of her late father's political leanings.

Further, it was also alleged that the Managing Director of KMML, who participated in the interview process, acted in a hostile manner, attempted to humiliate her and create a bias against her among the interview panel.

“The entire interview process stands vitiated not only due to the demonstrated malice and extraneous influence exerted by the Managing Director but also because the interview was conducted without disclosure of the evaluation parameters or marking scheme. Such opacity confers unfettered and unguided discretion on the board, enabling arbitrary manipulation of marks to suit pre-determined preferences,” states the amended plea.

Additionally, she has claimed that the first-rank holder in the rank list did not have the requisite qualification for the post, i.e., five years' of practice as an advocate, since he was employed elsewhere and pursuing higher education during the period, which he showed as litigation experience.

She has also impleaded him in the plea along with the Managing Director in his personal capacity as additional respondents.

Her newly amended prayers include to quash the ranklist to the extent that she is placed second and Hashim is placed above her. A declaration sought that the petitioner is entitled to be appointed to the post and a direction to that effect, among other prayers.

The case is listed on on January 5.

The petition is moved by Advocates P.V. Uttara, Aruna A., Jisha Shaji, and Olivia Leela Jacob.

Case No: WP(C) 41387 of 2025

Case Title: D'cruz Anisha D. v. State of Kerala and Ors.

Click to Read/Download Interim Order