SIRAJ Vs. HIGH COURT OF KERALA

JUDGEMENT

(1.) QUESTIONS involve in both the Original Petitions are identical and hence, they have been heard together and are being disposed of by this common judgment.

(2.) BY Ext.P1 notification dated 28.3.2001 applications were invited for appointment to the post of Munsiff Magistrate in the Kerala Judicial Service in the pay scale of Rs. 2,500-4,000.00 (pre revised). Probable number of vacancies is 70. The petitioners submitted their applications for the above post. They belong to reserved categories namely, Muslim (Backward Community) and Hindu - Kurava (Scheduled Caste) respectively. Qualifications and method of recruitment are also prescribed in Ext.P1. Cl.(6) of Ext.P1 deals with reservation of appointment, which reads as follows:- "6. Reservation of appointment:--The Rules relating to reservation of appointment for Backward Classes, Scheduled Castes and Scheduled Tribes contained in Part II of the Kerala State and Subordinate Services Rules, 1958 (R.14 to 17) shall apply to appointment by direct recruitment." Cl.10 of Ext. P1 deals with scheme of written and oral examinations, which reads as follows: - "10. Scheme of written and oral examinations.-- (1) Written examination -- The written examination shall consist of the following four papers carrying a maximum of 100 marks each. The time for each paper shall be two and a half hours. Table:#1 (2) Oral Examination. --There shall be an oral examination carrying a maximum of 50 marks for deciding the candidate's general knowledge, grasp of General Principles of Law, analytical ability and suitability for appointment as Munsiff-Magistrate. (3) Only candidates who secure not less than 35 per cent marks in each of the papers of the written examination with an overall minimum of 45 per cent of the total marks of written examination and 30 per cent of the marks for the oral examination shall be eligible for appointment provided that the minimum marks required for pass in each paper of the written examination shall be 30 per cent with an overall minimum of 35 per cent of the total marks for candidates belonging to Scheduled Castes/Scheduled Tribes. Fraction of half or more than half shall be regarded as full mark and less than half shall be ignored. (4) No candidate who has not secured the minimum marks prescribed above in the written examination shall be called for oral examination. (5) The marks secured by the candidates at the oral examination shall be added to the total marks secured by them at the written examination and the names of all those candidates shall be arranged in the respective lists on the basis of the total marks secured by them." (emphasis supplied)

(3.) THIS Court admitted the Original Petitions and notices were ordered on the respondents. Since all selected candidates are not made party to the proceedings, this Court by order dated 16.1.2004 in LA. No. 412/2004 in O.P. No. 5219/2002 allowed a paper publication in the Mathrubhoomi Daily. Respondents 3 to 8 are represented in the representative capacity. Despite the paper publication none else other than 9th respondent and one Shajahan was impleaded.