LAWS(KER)-1995-6-28

SREEKUMAR Vs. HIGH COURT OF KERALA

Decided On June 22, 1995
SREEKUMAR Appellant
V/S
HIGH COURT OF KERALA Respondents

JUDGEMENT

(1.) Appellant was one of the applicants when the Kerala High Court invited applications for selection of suitable candidates from practising advocates for direct recruitment to the posts of District and Sessions Judge. As he was excluded from the short-list prepared by the High Court for viva voce, he filed an Original Petition for various reliefs. But learned Single Judge before Whom it came has dismissed it at the threshold itself. Appellant has, therefore, filed this Writ Appeal.

(2.) Applications were invited from those advocates who have already put in seven years of practice. Appellant was enrolled as an advocate on 11-12-1983. According to him, he practised as an advocate till 17-4-90 and then he joined the F.A.C.T. Ltd., Alwaye, as a Law Officer. But he resigned the post on 15-2-1992 and resumed the practice of law. The duration of his practice as an advocate was 9 years and one month as on the date of his application. When he was not called by the High Court for the oral interview, he made enquiries and came to know that he was one of the applicants excluded from the interview as the High Court had short listed the candidates for oral interview. In the Original Petition he prayed for a direction compelling the High Court to interview the appellant also.

(3.) Two contentions were mainly advanced by the appellant. First is that appellant had already put in more than 10 years' practice, if the period during which he worked as Law Officer of FACT is also reckoned for Bar experience. Second is that since he had acquired the minimum qualification of seven years of legal practice at any rate, he is entitled to be called for the interview.