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2001 Supreme(Ker) 355

P.K.BALASUBRAMANYAN, T.M.HASSAN PILLAI
Biji – Appellant
Versus
Registrar, High Court of Kerala – Respondent


Judgment :-

P.K. Balasubramanyan, Ag.C.J.

1. The petitioners applied pursuant to the notification issued by the High Court of Kerala, inviting applications from qualified candidates for appointment to the post of Munsiff-Magistrate in the Kerala Judicial Service. The qualifications prescribed by Clause.4 of the notification in so far as it is relevant, is as follows:

"4. Qualifications :

(i) Direct recruitment. - No person shall be eligible for appointment as Munsiff- Magistrate by direct recruitment unless he is a graduate in Law or a Barrister-at-Law and a practising Advocate having a standing at the Bar for a period of not less than five years.

But a practising Advocate who is a member of Scheduled Caste or Scheduled Tribe shall be eligible for appointment as Munsiff-Magistrate if he is having practice at the Bar for a minimum period of not less than three years.

(ii) Recruitment by transfer.- No person shall be eligible for appointment as Munsiff-Magistrate by transfer unless he has practised as an Advocate for a period of not less than three years prior to his appointment to any one or more of the feeder categories mentioned below and has functioned at least for a period of two ye















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