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2023 Supreme(Ker) 15

ANU SIVARAMAN
Unnikrishnan V V – Appellant
Versus
State Of Kerala Represented By Secretary to Government, Department Of Home Affairs – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.Martin Jose, P.Prijith, Thomas P.Kuruvilla, R.Githesh, Ajay Ben Jose, Manjunath Menon, Sachin Jacob Ambat, Anna Linda V.J, Harikrishnan S., S.Sreekumar (Sr.)
For the Respondent: B.G.Harindranath, K.P.Satheesan (Sr.), P.Mohandas (Ernakulam), K.Sudhinkumar, Sabu Pullan, Gokul D. Sudhakaran, R.Bhaskara Krishnan, Sri.M.Rajeev, GP

JUDGMENT :

The prayers in this writ petition are as follows :-

    “i. To declare that appearance of 3rd respondent for written main examination on 20-05-2022 and 21-05-2022 and permitting participation of 3rd respondent for the interview conducted on 22-08-2022 for the appointment to the post of District and Sessions Judge in Kerala Higher Judicial Service in pursuance of Exhibit P1 notification while he was in judicial service is illegal, arbitrary and void ab-initio and contrary to the law laid down in Dheeraj Mor Vs High Court of Delhi 2020 (7) SCC 401.

ii. declare that 3rd respondent is ineligible and incompetent to be appointed as District and Sessions Judge in Kerala Higher Judicial Service in pursuance of Exhibits P1 and P7 as he ceased to be a practising lawyer during the selection process.

iii. To call for the record leading to Exhibit P7 select list in pursuance of Exhibit P1 notification and quash the same to the extent of including the name of the 3rd respondent therein.

iv. To issue a writ of mandamus or any other appropriate writ order or direction, directing the respondents 1 and 2 to not to appoint 3rd respondent as District and Sessions Judge in pursuance of Exhibit P7 sel

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