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2010 Supreme(Ker) 400

ANTONY DOMINIC
R. Sreekanth – Appellant
Versus
The Kerala Public Service Commission – Respondent


Advocates Appeared:For the Petitioner:Krb. Kaimal (Sr.), Advocate. For the Respondents: Alexander Thomas, SC, KPSC.

Judgment :

1. Issue raised in these writ petitions is common and therefore, these cases were heard together and are disposed of by this common judgment.

2. For the sake of convenience, WP(C) No.31585/2009 is treated as the leading case, and the facts pleaded and the documents produced therein are referred to in this judgment.

3. The petitioners herein were enrolled as Advocates on the rolls of the Bar Council of Kerala. While practising as Advocates, they were appointed in different departments of the Government of Kerala. Thereupon, they applied to the Bar Council of Kerala for suspending their right to practice and surrendered their certificates in terms of Rules 49 & 5, Part-VI of the Bar Council of India Rules (hereinafter referred to as the Rules for Short). Exts.P3, P5 & P7 are the communications issued by the Bar Council of Kerala recording voluntary suspension of their practice with effect from the dates mentioned therein and acknowledging receipt of the enrolment certificates surrendered by the petitioners.

4. While the petitioners are thus continuing in Government Service, by Ext.P1 notification, Public Service Commission invited applications for appointment to the post of





























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