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2009 Supreme(Online)(KER) 42693

HIGH COURT OF KERALA
A.K.BASHEER, K.T.SANKARAN, JJ
K.PEETHAMBARAN – Appellant
Versus
THE HIGH COURT OF KERALA – Respondent


Advocates:
ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.RAMPRASAD UNNI.T SRI.MANU TOM SRI.M.H.HANIS, SENIOR ADV.SRI.K.R.B.KAIMAL, GOVERNMENT PLEADER SRI.A.J.VARGHESE

JUDGMENT

Basheer, J:

Since identical issues are involved in these two appeals, they are being disposed of by this common judgment.

2. Appellants who are working in the cadre of Junior Superintendent in the Subordinate Judicial Service had applied for the post of Munsiff-Magistrate in response to a notification issued by the High Court of Kerala under the “Recruitment By Transfer” quota. According to the appellants, they had obtained very high marks in the written examination carrying 900 marks. However in the viva voce examination both of them failed to obtain the minimum 30%, thereby falling out of the zone of consideration.

3. Appellants contended before the learned single Judge that they had been awarded lesser marks for viva voce only for the reason that some disciplinary proceedings had been initiated against them in the past, which had no bearing on their individual merit. It was further contended that the Selection Committee had egregiously erred in excluding the appellants from the zone of consideration by giving them less than minimum marks.

4. The learned single Judge repelled the above and other contentions and dismissed the writ petitions filed by the appellants by a common

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