LAWS(KER)-2023-1-237

UNNIKRISHNAN V V Vs. STATE OF KERALA

Decided On January 12, 2023
Unnikrishnan V V Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The prayers in this writ petition are as follows :-

(2.) Heard the learned Senior Counsel for the petitioner, the learned counsel appearing for the 2nd respondent and the learned Senior Counsel appearing for the 3rd respondent.

(3.) The petitioner and the 3rd respondent were applicants for appointment to the post of District and Sessions Judge which was notified by Ext.P1. The petitioner had applied in respect of category No.4 (NCA vacancy of Scheduled Tribe) as well as category No.6 (regular vacancies), while the 3rd respondent had applied only under category No.4. Both the petitioner as well as the 3rd respondent were working as Additional Public Prosecutors at the time of submission of the applications. It is submitted that thereafter, the 3rd respondent was appointed as MunsiffMagistrate pursuant to an application submitted by him in response to Ext.P4 notification by Ext.P6 proceedings dtd. 9/3/2022. It is submitted that in Ext.P6, the 3rd respondent's name figured as serial No.9 and he was undergoing training in the Kerala Judicial Academy with effect from 4/4/2022. It is contended that the 3rd respondent ceased to be a practising lawyer on his appointment as Munsiff-Magistrate by Ext.P6 dtd. 9/3/2022.