P.K.HANEEFA Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners in these Original Petitions are officers in the cadre of District and Sessions Judges and the main question raised is whether the Kerala State Higher Judicial Service Special Rules (hereinafter referred to as 'the Special Rules') provide any separate quota for direct recruitment from the Bar.

(2.) When these cases were heard, petitioners relied on a Division Bench judgment of this Court in O.P.No.1790 of 1985 and connected cases where it was held that the Special Rules did not provide any quota for direct recruitment but only provided the proportion to be maintained if appointment is made by direct recruitment. The learned judge considered the matter and in view of the Apex Court judgments in O. P. Singla Vs. Union of India, 1984 4 SCC 450, State of Kerala v. A.Lakshmikutty and Others, 1986 4 SCC 632 and P.S. Gopinathan Vs. State of Kerala, 2008 7 SCC 70, doubted the correctness of the Division Bench judgment. Accordingly, by order dated 2.8.2011, these cases were referred to a Division Bench. Thereupon, these cases were considered by a Division Bench, which also agreed with the view taken by the learned single Judge and by order dated 2-8-2012, referred these cases to be heard by a Full Bench. It was accordingly these cases were posted for hearing before us.

(3.) By this common judgment, we are disposing of all these cases and for convenience, unless otherwise specifically stated, references made in this judgment are to the facts pleaded and the documents produced in O. P. No 6533 of 2002.