(1.) On 14/11/2017, a Bench of two Judges of this Court referred a batch of four petitions, which invoked the jurisdiction of this Court under Article 32 of the Constitution, to the Constitution Bench in Sivanandan C T v. High Court of Kerala, (2018) 1 SCC 239. Eleven petitioners are before this Court, all of whom are candidates aspiring to be selected as District Judges in the Higher Judicial Service of the State of Kerala.
(2.) In the State of Kerala, the Kerala State Higher Judicial Services Special Rules 1961["1961 Rules"] came into force on 11/7/1961. These Rules have been framed under Articles 233 and 309 of the Constitution. The 1961 Rules provide for the constitution of the Higher Judicial Service into three categories:
(3.) The dispute in the present batch of cases pertains to the third category noted above. Rule 2(c) provides for the method of appointment of the third category. Rule 2(c)(iii) stipulates that 25% of the posts in the category shall be filled by direct recruitment from the Bar "on the basis of aggregate marks/grade obtained in a competitive examination and viva-voce conducted by the High Court".
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