JAYACHANDRAN C Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) These two Writ Petitions are inter connected. The challenge in these two Writ Petitions is with regard to the selection and appointment of respondent Nos. 4 to 13 to the Kerala Higher Judicial Service as District and Sessions Judges. The respondent Nos. 4 to 13 are same in both the Writ Petitions. The facts leading to the litigation are as follows:

(2.) The first respondent issued the Notification dated 16/04/2007 inviting applications for appointment to the post of District and Sessions Judges to the Kerala Higher Judicial Service through Direct Recruitment from the Bar. As per the said Notification, the recruitment process was initiated for filling up of six vacancies in the above mentioned service. Three stipulations made in the notification are relevant for the purpose of the decision in these writ petitions. They are:

(3.) In response to the said Notification, 960 'valid applications' were received by the first respondent. The said 960 applicants were invited to participate in the selection process. But it appears that eventually, only 443 applicants appeared for the written examination, which was conducted from 27th to 29th October, 2007. After the written examination, the answer scripts of the above mentioned participants were evaluated and it was found that only seven candidates obtained 'cut - off' marks in the written examination. 'Cut - off', i.e., the minimum qualifying marks to be secured by the candidates in each of the papers for qualifying the examination as specified in paragraph 4 of the Notification dated 16/04/2007. The relevant portion of paragraph No. 4 of the Notification reads as follows: