N AJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions relate to the recruitment of Munsiff Magistrates in the Kerala Judicial Service.

(2.) By the Kerala Judicial Service Rules, 1991, hereinafter called the "Special Rules", for short, which came into force with effect from 1-1-1992, a common service called "The Kerala Judicial Service" was constituted in the place of the then existing Kerala Civil Judicial Service and the Kerala Criminal Judicial Service. The officers in Category No. 2 as per Rule 3(2) of the Special Rules are the Munsiff Magistrates.

(3.) Rule 5 of the Special Rules provides that direct recruitment and transfer, in the manner provided in Sub-rule (3) of that Rule, shall be the methods of appointment to the category of Munsiff Magistrates. Out of every four vacancies arising in that category, the first, second and third vacancies are to be filled by direct recruitment and the fourth vacancy is to be filled by transfer from among the eight categories enlisted under Sub-rule (3) of Rule 5. In the absence of suitable and qualified persons for appointment by transfer, the vacancies reserved for such appointment shall also be filled up by direct recruitment.