BALAKRISHNAN K.K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE appellant is the writ petitioner. The learned Single Judge by an elaborate judgment dismissed the writ petition.

(2.) THE necessary facts for the disposal of the appeal are the following : The appellant was an applicant to the post of District and Sessions Judge in the Kerala State Higher Judicial Service by direct recruitment from the Bar. Ext.P1 produced along with the writ petition is the copy of the notification dated 16.4.2007 issued by the High Court. The appellant belongs to Hindu Vaniyan community, which is included among Other Backward Communities. The community is eligible for reservation in appointment. The total number of vacancies shown in the notification is six including three reservation vacancies.

(3.) THE said selection and appointment was subjected to challenge by different candidates successively. The first batch of cases filed was W.P.(C)No.2021/2009 and connected cases by some of the candidates who were excluded from selection for the reason of not attaining the age of 35 years as on the date of notification. The writ petitions were allowed and the merit list was recast. The same did not affect the appointment of the appellant. Another writ petition was filed by certain other candidates as W.P.(C)No.16206/2010 and the main challenge was regarding the award of 20 marks in each paper in the written test as moderation. The said writ petition was allowed as per Ext.P2 judgment by a Division Bench of this court. The appellant was one of the respondents in the same and SLP No.27701/2010 filed by the appellant along with the additional third respondent herein was rejected by Ext.P3 order. In implementation of the said judgment, the appellant was excluded from the new list prepared and the merit list contained only seven candidates who had passed the examination without moderation. Thereafter he was eliminated from service by Ext.P4 notification dated 22.12.2010. The three candidates excluded by the said notification were eligible for reservation. From among the 7 candidates one was appointed in the vacancy ear marked for Muslim along with three open competition candidates. The two remaining vacancies for reservation turns could not be filled up for want of candidates belonging to those communities in the merit list of seven candidates.