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A. M. SHAFFIQUE, P. GOPINATH
Rejanish K. V. – Appellant
Versus
K. Deepa – Respondent
Key Points:- The judgment interprets Article 233(2) as requiring seven years of practice as an advocate for eligible candidates not in government/judicial service, and that the advocate must be in practice at the time of appointment; it emphasizes the constitutional requirement over Special Rules. (!) (!) (!) - It holds that a candidate who ceases to be a practicing Advocate upon joining judicial service (e.g., as a Munsiff-Magistrate) fails the eligibility criteria for direct recruitment as District Judge, as per the constitutional interpretation and preceding judgments. (!) (!) (!) - The case discusses whether eligibility should be determined based on the last date fixed for Step II or on the date of application/appointment, and concludes that constitutional requirements govern, with notes on interpretation of cut-off dates and the need to be a practicing advocate at appointment. (!) (!) (!) (!) - There is emphasis on the supremacy of Article 233(2) over Kerala State Higher Judicial Service Rules and related provisions when they conflict with the constitutional mandate. (!) (!) - The final outcome sustains the decision to dismiss the writ appeal and to set aside the appointment based on non-fulfillment of the eligibility criteria as an advocate at the relevant time. (!)
JUDGMENT :
Shaffique, J.
1. This appeal depicts the unfortunate fate of an Advocate, who got selected and appointed to the post of District and Sessions Judge and now being faced with removal from service on account of the fact that after applying for the said post, he got selected as a Munsiff/Magistrate and joined the judicial service.
2. Sri.K.V.Rejanish, the appellant herein, is the said person who was appointed and posted as District Judge in the Kerala Higher Judicial Service pursuant to Ext.P1 notification dated 21/11/2017.
3. A composite notification has been issued by the Registrar (Recruitment & Computerisation), High Court of Kerala, inviting applications for filling up 9 NCA vacancies of District and Sessions Judges under recruitment Nos. 20/2017, 21/2017 and 22/2017. Recruitment No.22/2017 included one NCA vacancy from among Ezhava,Thiyya/Billavas. Recruitment No.23/2017 was to fill up 4 regular vacancies (probable). 4. After the written examination and interview, Registrar (Subordinate Judiciary) of the High Court published a select list on 7/6/2019. From among the list of candidates of Ezhavas, Thiyyas and Billavas, Sri.Rejanish was ranked at Sl.No.2 and the writ petitio
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