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2020 Supreme(SC) 235

UDAY UMESH LALIT, HEMANT GUPTA
C. JAYACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
Nidhesh Gupta, Japneet Kaur, Vriti Gujral, Pallavi Singh, Neha Tyagi, John Mathew, Advocates
For the Respondent:Shyam D. Nandan, Surti Joshi, P.N. Raveendran, T. G. Narayanan Nair, Amit Sharma, K. Rajeev, P. A. Noor Muhamed, Giffara S., Bilal Niamathulla, Abdul Rahiman, Ranjith K. C., Gaurav Agarwal, Mohammed Sadique T.A., Anu K. Joy, Alim Anwar, G. Prakash , Jishnu M.L., Priyanka Prakash, Beena Prakash, Advocates

JUDGMENT

Hemant Gupta, J.

Leave granted.

2. The challenge in the present appeals is to a judgment and order passed by the Division Bench of the High Court of Kerala on 3rd September, 2019 whereby the order passed by the learned Single Bench of the High Court on 8th January, 2019 was set aside.

3. The facts leading rise to the present appeals are that an advertisement was published on 16th April, 2007 to fill up six posts in the Kerala Higher Judicial Service in terms of Kerala State Higher Judicial Services Special Rules, 1961 [for short, 'Rules']. The selection process in pursuance of such advertisement was challenged by the appellant in respect of minimum age which was fixed as 35 years. The Kerala High Court struck down the eligibility in respect of minimum age vide order dated 12th November, 2009. The Special Leave Petition against the said order was dismissed on 15th December, 2009. After the said order, four candidates, namely, Babu, Kauser, Edappagath and Badharudeen were selected against general merit vacancies whereas three others were selected against the posts meant for


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