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Showing contexts for: vacancy increase in State Of Kerala vs A. Lakshmikutty & Ors on 10 November, 1986Matching Fragments
The facts. At the instance of the High Court, the State Government issued a notification on September 24, 1983 inviting applications from eligible members of the bar to fill up three vacancies in the cadre of District Judges by direct recruitment from the bar. The notification stated that the number of candidates proposed to be selected were three, subject to variation according to the exigencies. Later, the number of vacancies was increased to five. There were a large number of candidates from the bar and the applications were forwarded by the State Government to the High Court with request to make its recommendations. The Full Court at a meeting held on March 15, 1984 constituted of Committee of three senior most Judges to prepare a panel of names. The Committee interviewed the candidates and drew up a list of fifteen candidates adjudged as eligible on an overall assessment of the merits. One of the fifteen candi- dates was Ms. Mary Teresa Dias, District Government Pleader and Public Prosecutor of Ernakulam belonging to the Latin- Catholic community. It however appears that the Committee by a majority of 2:1 felt that she was not suitable for ap- pointment as a District Judge and accordingly deleted her name from the list of eligible candidates and drew up a panel of the remaining fourteen names. The panel of fourteen names submitted by the Committee was approved of by the Full Court by a majority at a meeting held on June 12, 1984. On June 14, 1984, the Actg. Chief Justice sent up to the Chief Minister the panel of fourteen names as settled by the High Court for appointment as District Judges from the bar. It was stated that the appointments had to be made according to the cycle of rotation governing reservation of posts as laid down in r. 14(c) of the Kerala State & Subordinate Services Rule, 1958, as required by r. 2(b) of the Kerala State Higher Judicial Service Rules, 1961. Accordingly, the appointments had to start with the first vacancy going to a candidate belonging to the 'Latin-Catholics and Anglo-Indi- ans' community, 8th turn in the cycle of rotation. As there was no candidate belonging to the 'Latin-Catholics and Anglo-Indians'. 'Other Backward Classes' and 'Scheduled Castes and Scheduled Tribes', 8th, th and 12th in the cycle of rotation, the first vacancy had to be filled by reason of r. 15(a) of the Rules by a suitable candidate belonging to the community or group of communities immediately next to the passed over community or group i.e. by respondent No. 1 Smt. A. Lakshmikutty, a member of the 'Ezhava' community, 6th in order of merit, falling in the group 'Ezhavas, Thiyyas and Billavas'. 14th in the cycle of rotation. The second vacancy i.e. 9th in the cycle of rotation had to be filled by respondent No. 3, Krishnan Nair, 1st in order of merit, by open corn-