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1973 Supreme(Ker) 207

V.P.GOPALAN NAMBIYAR, GEORGE VADAKKEL
BABY GEORGE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This writ petition is by an Advocate of this Court for a writ of mandamus directing the State to forbear from making any appointments to the post of Government Pleaders/ Public Prosecutors (including the post of Additional and Junior Government Pleaders) in the High Court without inviting applications from eligible aspirants. As stated in the counter-affidavit filed by the State, appointments to High Court Government Pleaders are governed by certain "Rules" issued in G.O. Ms. 36/66/Law dated 17th June 1966 as amended from time to time. It is said that the "Rules" are not statutory, but are mere instructions in the nature of executive orders intended for purposes of guidance. The statutory nature or otherwise of the "Rules" was not canvassed before us; and by our mere reference to them as "Rules" we shall not be understood as having pronounced upon the same. Arguments before us were on the basis that there was a violation of the fundamental right under Art.16 of the Constitution; and for that, it matters little whether the violation is by a statutory rule or by an executive instruction. In view of the importance of the question raised, and the interests of the profess

















































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