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2009 Supreme(Ker) 920

S.R.BANNURMATH, K.M.JOSEPH
Asha . P – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:V. Chitambaresh (Sr.), Advocate. For the Respondents:KRB. Kaimal (Sr.), Advocate.

Judgment :

Joseph, J.

Several important and interesting questions arise for our consideration in this batch of Writ Petitions coming up by reference by a learned Single Judge, Justice T. R. Ramachandran Nair. What is the effect of the founding fathers providing for seven years experience as an Advocate to be eligible for appointment as a District Judge in Article 233(2) ? Does the acceptance of the Report of the Shetty Commission by the Apex Court in the decision in All India Judges' Association And Others v. Union of India And Others((2002) 4 SCC 247) (hereinafter referred to as the All India Judges case) amount to declaration of law ? What is the impact of the amendment in the Kerala Higher Judicial Service Rules, 1961 (hereinafter referred to as the Rules) prescribing the qualification of minimum age as thirtyfive and the maximum age as fortyfive for appointment as a District Judge on the rights of the writ petitioners, who had applied for selection and passed the written test prior to the amendment?

2. The Facts:

The High Court of Kerala issued a Notification dated 16.4.2007 inviting applications for appointment as District Judges. The last date for receipt of applications was f























































































































































































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