P.R.RAMACHANDRA MENON, K.HARILAL, ANTONY DOMINIC
P. K. Haneefa – Appellant
Versus
State of Kerala, Represented By Its Chief Secretary – Respondent
Antony Dominic, J.
1. Petitioners in these Original Petitions are officers in the cadre of District and Sessions Judges and the main question raised is whether the Kerala State Higher Judicial Service Special Rules (hereinafter referred to as `the Special Rules') provide any separate quota for direct recruitment from the Bar.
2. When these cases were heard, petitioners relied on a Division Bench judgment of this Court in O.P.No.1790 of 1985 and connected cases where it was held that the Special Rules did not provide any quota for direct recruitment but only provided the proportion to be maintained if appointment is made by direct recruitment. The learned judge considered the matter and in view of the Apex Court judgments in O. P. Singla Vs. Union of India (1984 (4)SCC 450), State of Kerala v. A. Lakshmikutty and Others (1986 (4) SCC 632) and P.S. Gopinathan Vs. State of Kerala (2008 (7) SCC 70), doubted the correctness of the Division Bench judgment. Accordingly, by order dated 2.8.2011, these cases were referred to a Division Bench. Thereupon, these cases were considered by a Division Bench, which also agreed with the view taken by the learned single Judge and by order
1. O. P. Singla Vs. Union of India (1984 (4)SCC 450)
3. P.S. Gopinathan Vs. State of Kerala (2008 (7) SCC 70)
4. Municipal Corporation of Delhi Vs. Gurnam Kaur (1989 (1) SCC 101)
8. N.K. Chauhan v. State of Gujarat (1977 (1) SCC 308)
11. W.B. v. Aghore Nath Dey (1993 (3) SCC 371)
13. CH. Narayana Rao v. Union of India and Others (2010 (10) SCC 247)
15. Aloysius v. Sarada Muraleedharan (1995 (2) KLT 741)
12. Union of India v. Dharam Pal (2009 (4) SCC 170)
14. State of Haryana and Others v. Vijay Singh and Others (2012 (8) SCC 633).
17. Keshav Chandra Joshi v. Union of India (AIR 1991 SC 284)
2. State of Kerala v. A.Lakshmikutty and Others (1986 (4) SCC 632)
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