MARY TERESA DIAS Vs. CHIEF JUSTICE

JUDGEMENT

(1.) A disappointed advocate, whose name was not recommended by the High Court for appointment to the post of a District and Sessions Judge, in the Kerala State Higher Judicial Service, has filed this writ petition, challenging the very basis of the selection and more pointedly, her exclusion from the list of candidates recommended to the Government. In fact, at one stage, her disappointment was so intense that she questioned the jurisdiction of the Judges who were parties to the Departmental Full Bench in, even hearing her case, on the judicial side. We overruled this preliminary objection in the decision reported in Mary Teresa Dias v. Ag. Chief Justice ( 1985 KLT 435 ). We said thus:-

(2.) A special leave petition was filed before the Supreme Court and this Original Petition stood adjourned for some time to enable the petitioner to obtain appropriate orders from the Supreme Court. But after the S.L.P. came up for hearing before the Supreme Court, the counsel for the petitioner was permitted to withdraw the same. It is thereafter that this writ petition has come again for hearing on the merits and for final disposal before us.

(3.) By notification dated 24th September, 1983 published in the gazette dated 11th October, 1983, applications were invited in the prescribed form from qualified candidates for appointment to the cadre of District and Sessions Judge by direct recruitment from the Bar. There were in all 156 applications including that of the petitioner 154 applications were forwarded to the High Court. The procedure for selection was considered at a Judges' meeting held on 15th March, 1984,when it was decided that the defects noticed in some of the applications can be allowed to be cured and that a committee consisting of the three seniormost Judges excluding the Chief Justice "will prepare a panel of names for selection to the three posts of District and Sessions Judges after interviewing the candidates who have put in valid applications". It was also resolved "that all questions arising for consideration including the communal rotation following the relevant principles in the Kerala State and Subordinate Services Rules, 1958, the validity of all applications, the date, time, and place of interview will be decided by the committee". The committee so constituted consisted of Justice Narendran, Justice Balagangadharan Nair and Justice S. K. Kader. However, in view of the appointment of Justice Balagangadharan Nair and Justice Kader as Chairman and Judicial Member of the Commission constituted under the Kerala Public Men (Prevention of Corruption) Act, 1984, the committee was re-constituted with Justice Narendran as Chairman, and Justice Dr. T. Kochu Thommen and Justice M. P. Menon as members.