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PETITIONER:

STATE OF KERALA

Vs.

RESPONDENT:

A. LAKSHMIKUTTY & ORS.

DATE OF JUDGMENT10/11/1986

BENCH:

SEN, A.P. (J)

BENCH:

SEN, A.P. (J)

RAY, B.C. (J)

CITATION:

1987 AIR 331 1987 SCR (1) 136

1986 SCC (4) 632 JT 1986 818

1986 SCALE (2)773

CITATOR INFO :

RF 1989 SC 49 (16,19)

ACT:

Judicial Review of the act of Governor not to appoint candi-

dates for Dt. Judges’ post as recommended by the High Court

and Writ of Mandamus, issuance of--Whether the High Court

could issue a writ of mandamus to the Governor of the State

directing him to act as per the recommendation of the High

Court to fill up the vacancies in the posts of District

Judges reserved for direct recruitment from the practising

members of the bar under Article 233(1) of the Constitu-

tion--Constitution of India, 1950, Articles 163(1), 226 and

233 read with Rule 2(b) of the Kerala State Higher Judicial

Rules, 1961 and Rule 14(c) of the Kerala State and Subordi-

nate Service Rules, 1958.

HEADNOTE:

Rule 2(b) of the Kerala State Higher Judicial Service

Rules, 1961 requires that the cycle of rotation governing

reservation of posts as laid down in Rule 14(c) of the

Kerala State and Subordinate Service Rules, 1958 be followed

in the selection and appointment of District Judges by

direct recruitment. Under Rule 14(c) appointments shall be

made in the order of rotation specified therein in every

cycle of 20 vacancies. It is not often that there is no

eligible candidate available from a community or group of

communities. To meet such a situation, r. 15(a) provides

that if a suitable candidate is not available for selection

from any particular community or group of communities speci-

fied in the annexure, the said community or group shall be

passed over and the post filled by a suitable candidate from

the community .or group of communities immediately next to

the passed over communitY or group in the order of rotation.

Rule 15(b) enjoins that if a suitable candidate is not

available for selection from the group of communities clas-

sified as "Scheduled Castes", in the turn allotted for such

a group in the annexure, the said group shall be passed over

and the post Shall be fired by a suitable candidate from the

group of communities classified as "Scheduled Tribes" and

vice-versa. If no suitable candidate for selection in any of

the two groups namely, Scheduled Castes and Scheduled Tribes

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is available, the vacancy has to be filled by open competi-

tion. Rule 15(c) provides for restoration of the benefit of

the turn forfeited at the earliest opportunity. Proviso

thereto however enjoins that the restoration of the benefit

of the turn forfeited by the carry-forward rule,

137

shall not exceed 50% of the vacancies to be filled in a

particular year. Rule 16 provides for sub-rotation among

major groups of other backward classes. Rule 17(1) lays down

the manner in which appointments have to be made from candi-

dates belonging to other backward classes. Other backward

classes are enumerated in List III to Part I of the Rules

and there are 73 communities or groups divided into 8 cate-

gories specified in Rule 17(1). Categories 1 to 7 are Ezha-

vas and Thiyyas, Muslims, Latin-Catholics and Angin-Indians,

Nadars, Scheduled Castes converts to Christianity, Viswakar-

mas and Dhooravas. All other backward classes put together

constitute the 8th category. Rule 17(2) provides for sub-

rotation among the other backward classes. In the last

recruitment made in the year 1978 appointments had been made

upto 7th turn in the cycle of rotation.

The Committee of three senior most Judges constituted by

the Full Court interviewed the candidates and drew up a list

of fifteen candidates adjudged on an overall assessment of

the merit