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2018 Supreme(Online)(KER) 36095

HIGH COURT OF KERALA
P.V.ASHA, J
JELNA T P – Appellant
Versus
BEENA KALIYATH    Advocate -SRI GRASHIOUS KURIAKOSE (SR – Respondent


JUDGMENT

The appointment of Special Public Prosecutor in POCSO courts in Kannur District is under challenge in this writ petition.

2. The petitioner is a practising Advocate at Kannur and Thalassery. She submitted application for appointment as Special Public Prosecutor to conduct cases coming under Protection of Children from Sexual Offences Act, 2012 (POCSO Act) pursuant to Ext.P2 notification issued on 28.6.2017. The petitioner submitted her application before the District Collector along with her biodata and all the relevant certificates, including certificates regarding her conduct and performance of cases as contained in Ext.P3 series. The petitioner submits that the District Collector forwarded the application to the District Judge and the District Judge, on being convinced of her ability and experience included her as sl.no.1 in Ext.P4 list. However By Ext.P5 order, Government appointed the 3rd respondent who was No.2 in Ext.P4 list. Producing the application submitted by the 3rd respondent along with certificates attached to it the petitioner submits that she is the most competent person who should have been appointed in preference to the 3rd respondent.

3. The petitioner sub

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