CHANDRAN Vs. SECRETARY TO GOVT OF KERALA

JUDGEMENT

(1.) The petitioner is a member of the legal profession. His grievance relates to the steps taken for the appointment of an Additional District Government Pleader at Trichur. The relevant files were made available at the time of hearing. The learned Advocate General, Mr. M. B. Kurup, was heard in the matter.

(2.) The petitioner claims that he belongs to a Scheduled Caste community and as such he is entitled to the benefit of the protective provisions in the Rules regarding appointment of Government Law Officers. Under R.8, the appointment is to be made from a panel, forwarded by the District Collector. Sub-r.(2) deals with the qualifications. Under clause (ii) of sub-r.(2) there is an obligation on the part of the District Collector to consult the District and Sessions Judge in the preparation of the panel. The number in the panel shall not exceed three. An assessment has to be made about the qualification, experience, integrity, character and antecedents.

(3.) An important amendment was made to the above Rule in 1984. The amendment incorporated a proviso which reads: