SAHADEVA VALIGAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A commendable stand by the Government, to assure independence of the judiciary, was taken in favour of an exclusive jurisdiction to be exercised by the High Court to select persons for appointment to the posts of Munsiff's in the Civil Judicial Service. The first step in the right direction in this regard was the amendment of the relevant regulations and rules to exclude the consultative jurisdiction of the Public Service Commission in respect of these officers and to regulate the process of selection only through the High Court.

(2.) The Supreme Court, on being informed about the transfer of jurisdiction from the Public Service Commission to the High Court, observed as follows:

(3.) The petitioners in these two writ petitions, are aspirants for the posts of Munsiff's. Four of them are over aged and are, therefore, not entitled to apply for selection pursuant to the notification issued by the High Court in 1987. But all of them had submitted applications to the Public Service Commission earlier when the Commission invited applications in July 1986. They were also allowed to sit for an examination conducted by the Commission on 6-12-1986. The results have not been published and possibly the Commission was not even bound to publish them. No further steps have, however, been taken by the Commission thereafter. The petitioners claim to be considered on the basis of those applications either by the Commission or by the High Court.