JUDGMENT

Dr. Dhananjaya Y. Chandrachud, J.

A. Background

B. Submissions of the parties

C. Kerala Rules, 1991

D. Malik Mazhar Sultan (3)

E. Committee of Judges: Kerala High Court

F. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Malik Mazhar Sultan (3)

G. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Articles 14 and 16 of the Indian Constitution

H. Factual Analysis and Conclusion

A. Background

1. A judgment of a Division Bench of the High Court of Kerala dated 26 August 2020¹ [Writ Appeal 994/2020 and 998/2020 (High Court of Kerala)] forms the subject of the appeal. The High Court has affirmed a judgment of its Single Judge²[Writ Petition (Civil) 10007/2020 and 10361/2020 (High Court of Kerala)] by holding that appointments to the post of Munsiff-Magistrate in the judicial service of the state can be beyond the number of probable number of vacancies advertised in the notification inviting applications. The High Court held, on a literal reading of Rule 7(2) of the Kerala Judicial Servi