VAKKOM N VIJAYAN Vs. CHIEF JUSTICE

JUDGEMENT

(1.) Whether R.8 of the Kerala High Court Service Rules, 1970 as substituted by notification dated 20-12-1985 is ultra vires the powers of the 1st respondent (Chief Justice, High Court of Kerala) This common question arises in all these Original Petitions and the Writ Appeal. For the sake of convenience we are referring to the exhibits in O.P. No. 4626/1986.

(2.) The petitioners in these Original Petitions except O.P. Nos. 6210/86 and 4803/ 93 were applicants for the post of Assistant Grade II in the Kerala High Court Service. In O.P. NO. 4803/93 the petitioner is an advocate and social worker who has filed that O.P. as a public interest litigation. In O.P. No. 6210/86 the petitioner was an applicant for the post of Typist-Copyist Grade II in the Kerala High Court Service. The petitioners belong to backward communities as defined in Kerala State and Subordinate Services Rules, 1958 (K.S.&S.S.R.). The Kerala High Court Service Rules, 1959 (1959 Rules) which came into force on 15-3-1960 were made by the then Hon'ble Chief Justice in exercise of the powers conferred on him by Art.229 of the Constitution of India. The State Government has not made any rule in exercise of the powers conferred by the proviso to Art.229(1) of the Constitution. The Rules as framed in 1959 did not contain any provision for reservation of appointments in favour of any category of applicants. The 1959 Rules were replaced by the Kerala High Court Service Rules, 1970 (1970 Rules) which came into force on 19-1-1971. R.8 of the 1970 Rules read as follows:

(3.) On 20-12-1985 the 1st respondent issued Ext. P3 notification substituting R.8. Ext. P3 is as follows: