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2022 Supreme(Online)(KER) 19230

HIGH COURT OF KERALA
V. G. Arun, J
M.JENNY THANKAM, – Appellant
Versus
THE STATE OF KERALA, – Respondent


Advocates:
K.SHAJ C.IJLAL RESHMA.P.ARUN CHAND VINAYAK G MENON BHARAT VIJAY P.MAJID MUHAMMED K.MINU VITTORRIA PAULSON ADVOCATE GENERAL OFFICE KERALA SHRI.T.B.HOOD, SPL.G.P. TO A.G.

JUDGMENT

Dated this the 11th day of November, 2022 The petitioners are lawyers practicing before various courts in Thrissur District. At the instance of the State Government, the District Collector, Thrissur, invited applications for appointment to the post of Special Public Prosecutor in Fast Track Special Courts under POCSO Act, 2012 in Thrissur District. The petitioners also submitted their applications and are aggrieved by the non-inclusion of their names in the panel of eligible candidates published by the District Collector. The petitioners allege that their names were illegally excluded, as the panel was prepared without following the procedure prescribed under Section 24 (4) of the Code of Criminal Procedure , 32 of the POCSO Act and Rule 8 of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Case Rules, 1978 (“KGLO Rules”)

2. Advocates P.Chandrasekhar and K.Shaj appearing for the petitioners put forth the following contentions;

In the absence of any Rules under the POCSO Act prescribing the procedure for appointment of Special Public Prosecutors, a Division Bench of this Court inAju Mathew and others v State of Kerala, rep. By its Secre

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