According to the plea, the KPSC issued a notification in 2022 to the post of Chief (Industry & Infrastructure Division) and thereafter, the written exam was conducted. The shortlist with 10 candidates' names was published in February 2025 and one of these persons approached the Kerala Administrative Tribunal pointing out that 10 questions were not evaluated.

Subsequent to the same, the KPSC ordered a preliminary inquiry in June 2026 and the Internal Vigilance Officer submitted a report that an error occurred in the evaluation of one of the papers in the exam. One of the questions in 177 answer scripts and 9 questions in all the 228 answer scripts were not evaluated, it was reported.

The KPSC then decided to take corrective measures as per its Rules of Procedure. The KAT also passed an order permitting the process.

While so, the state government decided to initiate prosecution and granted sanction as per the Prevention of Corruption Act to prosecute the KPSC staff and members. The Crime Branch police then registered a crime alleging offences under Section 316(5) [Criminal breach of trust] of the BNS, 2023, and Sections 7(c) [Offence relating to public servant being bribed] and 13(1)(a) [Criminal misconduct by a public servant] of the PC Act. Notices were also issued to the staff and members.

Aggrieved, the KPSC and its Chairman has approached the High Court challenging the sanction order as well as the FIR as illegal. According to them, the KPSC is a constitutional and autonomous body, which is not under the control of the State government. The members are appointed by the Governor whereas their removal and suspension are on the order of the President of India, they have contended.

“By virtue of Article 317 of the Constitution of India, the members of the Commission can be removed on a reference being made by the President to the Supreme Court and on an enquiry in accordance with the procedure prescribed under Article 145 of the Constitution of India. Hence, no sanction under Section 17A(b) of the Prevention of Corruption Act, 1988, can be issued by the State Government to conduct an investigation into the affairs of the Commission,” states the plea.

According to the plea, none of the offences alleged would stand in view of the fact that omission in evaluating certain questions was an inadvertent mistake, which the KPSC is empowered to correct as per Rule 15A of the KPSC Rules of procedure.

The plea thus seeks to quash the prosecution sanction as well as the FIR registered. The other prayer sought is for a declaration that the KPSC and its staff are not employed in connection with the State's affairs and hence, the State government cannot issue sanction to prosecute them.

As an interim measure, the petitioners seek to say all further proceedings in the crime registered by the Crime Branch police.

The petition is moved by Advocates S. Sreekumar (Sr.), Martin Jose P., P. Prijith, Thomas P. Kuruvilla, Ajay Ben Jose, Manjunath Menon, Harikrishnan S., Anavadya Sanil Kumar, Anjali Krishna, Abhinav P.S., and Adarsh V. Manoj.

Case No: WP(Crl.) 1435/2026 (Filing No)

Case Title: Kerala Public Service Commission and Anr. v. State of Kerala and Anr.