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Kerala HC agrees to Hear Plea against Participation of Judicial Officers in Direct Recruitment of District Judges

Team SoOLEGAL 30 Oct 2018 6:25pm

Kerala HC agrees to Hear Plea against Participation of Judicial Officers in Direct Recruitment of District Judges

The Kerala HC bench of Justices PR Ramachandra Menon and Devan Ramachandran, on Monday, agreed to hear a petition challenging the participation of judicial officers of the lower judiciary in direct recruitment of district judges, according to a report published in LiveLaw.

The petition was filed by a Kerala based advocate, Ravikrishnan NR, who has applied for appointment to the post of District and Sessions Judge in the Kerala State Higher Judicial Service through direct recruitment from the Bar.

The petitioner in his plea has pointed out that in the list of eligible candidates published for the Kerala State Higher Judicial Service (preliminary) Examination, 2017, many judicial officers have been allowed to appear for the preliminary examination provisionally, subject to the Apex Court’s final order in SLP (C) No.14156 of 2015.

The SC order passed by a bench of Justices Kurian Joseph and S.K. Kaul had directed the Delhi HC and Allahabad HC to continue with the selection process of the petitioners and appoint them as District Judges without necessitating them to resign from the Subordinate Judicial Service.

The court had, however, made it clear that their appointments would be subject to the result of the petitions pending before the Apex Court.

 “The petitioner is highly aggrieved by the permission granted to the Judicial Officers in service to apply for direct recruitment under Rule 2 (1)(c) earmarked for appointment from the Bar. Such permission granted to the Judicial Officers affect the chance of the petitioner and similarly situated persons for appointment as District and Sessions Judges by direct recruitment from the Bar,” the plea submits.

Further, the petitions elucidate that the scheme of the Kerala State Higher Judicial Services Special Rules, 1961 provides for two streams for recruitment/appointment to the post of District and Sessions Judges. While one provides appointment by promotion from among Subordinate Judge/Chief Judicial Magistrate (75%) the other provides appointment by direct recruitment from the Bar (25%).

The petition then demands that the Kerala State Judicial Service members should not be allowed to participate in the direct recruitment process for the 25% of the posts.

And thus, the petition seeks a declaration that declares that those who are not practicing advocates are not qualified to be appointed as District and Sessions Judges through direct recruitment under the service as per Rule 2(1)(c) of the Kerala State Higher Judicial Service Special Rules, 1961.

Read the petition here.

Tagged: District Judges   Direct Recruitment of District Judges   Subordinate Judicial Officers   Justice Devan Ramachandran   Justice PN Ramachandra Menon   Kerala High Court  
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