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2008 Supreme(Ker) 177

K.BALAKRISHNAN NAIR, P.N.RAVINDRAN
K. R. Biju Babu – Appellant
Versus
High Court of Kerala – Respondent


Advocates Appeared:For the Petitioner:Ramakumar (Sr.), T. Ramprasad Unni, R. Jayachandran, Saritha David Chunkath, Smitha George, Advocates. For the Respondents:KRB. Kaimal (Sr.), B. Unnikrishna Kaimal, Advocates.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in this Writ Appeal is whether the appellant, who is a Public Prosecutor appointed by the Central Government, to conduct cases for the C.B.I., is eligible to be considered for appointment to the post of District and Sessions Judge in the Kerala State Higher Judicial Service, by direct recruitment. The appellant herein was the second petitioner in the Writ Petition. The respondents herein were respectively the respondent and first petitioner therein.

2. The brief facts of the case are the following: The High Court of Kerala as per Ext.P7 notification dated 16.4.2007, invited applications for appointment to six vacancies in the post of District and Sessions Judge, by direct recruitment from the Bar. One of the essential qualifications for appointment was that the candidate shall be a practising advocate and should have practised for a period of not less than seven years. The said qualification, as notified in Ext.P7, reads as follows:

"He shall be a practising Advocate and should have so practised for a period of not less than 7 (seven) years."

The main dispute that arose for decision in this case was whether the wri






























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