LAKSHMIKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in O.P. No. 905/85 has filed this O.P. seeking to quash the decision taken on 30-1-1985 by the first respondent, State of Kerala, to appoint respondents 3 to 6 as District Judges in the Kerala Higher Judicial Service by way of direct recruitment from the Bar and seeking writ of mandamus directing the first respondent to appoint the petitioner as District Judge and to fix the order of preference above respondents 3 to 6. Subsequently, she amended the O.P. seeking the issue of a writ of mandamus directing the first respondent to make appointment to the post of District Judge by direct recruitment based on the panel of names recommended by the High Court and based on the ranking given thereunder and to declare the review/decision dated 28-2-1985 of the State Government cancelling the panel or list and deciding to invite fresh applications for direct recruitment from the Bar as illegal and unconstitutional.

(2.) The fourth respondent in O.P. No. 905/1985 has filed O.P.No. 2781/1985 seeking a writ of certiorari quashing the decision of the Government dated 28-2-1985 and a writ of prohibition restraining the first respondent, State of Kerala, from inviting fresh applications for the posts of District Judges and a writ of mandamus directing the first respondent to issue order of appointment of the petitioner as District Judge from the panel already forwarded by the High Court. Respondents 3 to 5 in O.P. 905/1985 have filed O.P. No. 2732/1985 and sixth respondent in O.P. No. 905/1985 has filed O.P.No. 3243/1985 seeking similar reliefs. Parties to these original petitions will be referred to by their rank in O.P.No. 905/1985.

(3.) Disputes raised in the original petitions relate to direct recruitment from Bar for the post of District Judge governed by the Special Rules relating to the Kerala State Higher Judicial Service. Under R.2(b) of the Special Rules, one third of the permanent places (of District Judges) shall be filled up by direct recruitment from the Bar. Principles of reservation for candidates belonging to Scheduled Castes and Scheduled Tribes and, Other Backward Communities contained in R.14 to 17 of the Kerala State and Subordinate Services Rules (for brevity "General Rules") have been made applicable to such direct recruitment., Three vacancies having arisen in the quota reserved for direct recruitment, the State Government, at the instance of the High Court, issued notification dated 24-9-1983 (published in the Gazette dated 11-10-1983) calling for applications from eligible members of the Bar. The valid applications were forwarded by the Chief Minister to the Ag. Chief Justice (as he then was) along with letter dated 1-2-1984. The High Court considered the applications at the meeting of Departmental Full Bench (of all the Judges) held on 15-3-1984 and constituted a committee consisting of the three senior most Puisne-Judges to prepare a panel of names for selection after interviewing the candidates. Since it was felt that service of two of the members of the committee would not be available as they were to assume charge as Chairman and Member respectively of the Commission constituted under the Kerala Public Men (Prevention of Corruption) Act, 1983 by the third week of April, they were replaced by the next two seniormost Puisne-Judges.