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2010 Supreme(Ker) 527

J.CHELAMESWAR, P.R.RAMACHANDRA MENON
Jayachandran. C. – Appellant
Versus
High Court Of Kerala – Respondent


Advocates Appeared:
For the Petitioner:Mathai M Paikaday (Sr. Advocate), R. Parthasarathy, Joe Joseph Kochikunnel, Reji George, Smt. Manju Rajan, Mohan Pulikkal, Advocates. For the Respondents:R1 & R2 – KRB. Kaimal, Sr. Advocate, B. Unnikrishnan Kaimal, Advocate, R3 – Smt. K. Meera, Sr. Govt. Pleader, R4 – K. Jayakumar, Sr. Advocate, P.B. Krishnan, R. Suraj Kumar, Smt. Geetha P. Menon, N. Ajith, P.M.Neelakandan, Advocates, R5 – K. Jaju Babu, Brijesh Mohan, T.S. Shyam Prasanth, R6 – S. Sreekumar, K. Siju, P. Pratheesh, R7 – R.K. Muraleedharan, Sanu S. Panicker, M. Ziyad, R8 – N. Nandakumara Menon, Sr. Advocate, R9 - Elevin Peter P.J. R10 –C.K. Sreejith, R11 – A. Mohamed Mustaque, R12 – S.P. Aravindakshan Pillay,
S.A. Anand, Peter Jose Christo, Advocates.

Judgment :

J. Chelameswar, CJ.

1. These two Writ Petitions are inter connected. The challenge in these two Writ Petitions is with regard to the selection and appointment of respondent Nos.4 to 13 to the Kerala Higher Judicial Service as District and Sessions Judges. The respondent Nos. 4 to 13 are same in both the Writ Petitions. The facts leading to the litigation are as follows:

2. The first respondent issued the Notification dated 16.04.2007 inviting applications for appointment to the post of District and Sessions Judges to the Kerala Higher Judicial Service through Direct Recruitment from the Bar. As per the said Notification, the recruitment process was initiated for filling up of six vacancies in the above mentioned service. Three stipulations made in the notification are relevant for the purpose of the decision in these writ petitions. They are:

(i) Candidates must not have completed the age of 47 years (as on 01.01.2007).

(ii) The selection process consists of a written examination and viva-voce. The written examination consists of three papers carrying 200 marks each and viva-voce for 50 marks.

(iii) A candidate is required to secure a stipulated cut off mark in the writte




























































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