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2020 Supreme(Online)(Ker) 45035

IN THE HIGH COURT OF KERALA
A.M.SHAFFIQUE, GOPINATH P, JJ
K.V.Rejanish – Appellant
Versus
K.Deepa – Respondent


Advocates:
For the Appellants/Petitioners:George Poonthottam (Sr. Advocate), K.M. Firoz, Geo Paul, M.Shajna, E.C. Ahamed Fazil, P.C. Muhammed Noushiq
For the Respondents:S. Sreekumar (Sr. Advocate), P. Martin Jose, P. Prijith, Thomas P. Kuruvilla, Manjunath Menon, Ajay Ben Jose, Elvin Peter, Spl. Government Pleader (N. Manojkumar)

Table of Content
1. factual background of the case (Para 1 , 2 , 3 , 4 , 5 , 6)
2. arguments regarding eligibility and qualifications (Para 8 , 9 , 10)
3. court's observations on process and material particulars (Para 12 , 18)
4. analysis of relevant legal principles and precedent (Para 25 , 26 , 27 , 28 , 29)
5. conclusion regarding the eligibility for appointment (Para 31)

JUDGMENT

A.M. Shaffique, J.

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 v

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