LAWS(KER)-2013-9-68

K.K. BALAKRISHNAN Vs. STATE OF KERALA

Decided On September 25, 2013
K.K. Balakrishnan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) This writ petition is filed for a declaration that the 2nd respondent herein, High Court of Kerala is legally bound to apply Rule 14(e) of the KS&SSR for the selection and appointment of District and Sessions Judge, based on Ext. P1 notification and for a direction to the High Court to apply Rule 14(e) of KS&SSR for the selection of candidates based on written test conducted pursuant to Ext. P1 notification. Alternatively petitioner seeks for a direction to the 2nd respondent to apply Rule 14(e) of KS&SSR for selection of candidates to the notified posts in Ext. P1. The facts involved in the present writ petition would disclose that the petitioner was an applicant for selection and appointment to the post of District Judges in the Kerala State Higher Judicial Service by direct recruitment pursuant to Ext. P1 notification dated 16/4/2007. Petitioner is a Hindu Vaniyan classified as Other Backward Classes (OBC) eligible for reservation as per Rules 14 to 17 of KS&SSR and does not belong to creamy layer.

(2.) The mode of selection in terms of Ext. P1 was by written examination and viva voce. General candidates and OBC candidates were to obtain a minimum of 50% marks in the written examination for being eligible to be called for viva voce.

(3.) Petitioner and certain other persons were included in the select list for interview based on moderation given by the Selection Committee. After the interview, petitioner was selected and posted as District and Sessions Judge, in the reservation category earmarked for OBC.