DR.DHANANJAYA Y.CHANDRACHUD, J. - (1.) Background B. Submissions of the parties C. Kerala Rules, 1991 D. Malik Mazhar Sultan (3) E. Committee of Judges: Kerala High Court F. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Malik Mazhar Sultan (3) G. Harmonizing Rule 7(2) of the Kerala Rules, 1991 with Articles 14 and 16 of the Indian Constitution H. Factual Analysis and Conclusion A. Background A judgment of a Division Bench of the High Court of Kerala dated 26 August 2020[1] forms the subject of the appeal. The High Court has affirmed a judgment of its Single Judge[2] by holding that appointments to the post of Munsiff-Magistrate in the judicial service of the state can be beyond the number of probable number of vacancies advertised in the notification inviting applications. The High Court held, on a literal reading of Rule 7(2) of the Kerala Judicial Service Rules, 1991[3] (as amended in 2019), that vacancies which arise within a year of the approval of the select list by the Governor should be filled up from amongst candidates on the list even though this exceeds the number of probable vacancies which were notified, unless a fresh list is notified within a year. The consequence of the decision is that vacancies attributable to the next selection year - 2020 - have to be filled up from the select list drawn for the previous selection year, 2019. [1] Writ Appeal 994/2020 and 998/2020 (High Court of Kerala) [2] Writ Petition (Civil) 10007/2020 and 10361/2020 (High Court of Kerala) [3] "Kerala Rules 1991"
(2.) A notification was issued by the High Court (Appellant) on 1 February 2019 inviting applications for appointment to the posts of Munsiff-Magistrate in the Kerala Judicial Service, against regular vacancies and against a carry-forward called 'No Candidates Available (NCA)'. Thirty-seven "probable" vacancies were notified including one vacancy reserved for persons with disabilities, for appointment by direct recruitment and recruitment by transfer. Eight vacancies were notified under the NCA category. The notification is reproduced below: KERALA JUDICIAL SERVICE EXAMINATION - 2019 Online applications are invited from qualified candidates for appointment to the post of Munsiff-Magistrate (Scale of pay : 27700 - 44770) in the Kerala Judicial Service against JMCA and Regular vacancies as detailed below. Online applications can be submitted from 04.02,2019 onwards. No other means/modes of application will be accepted. NCA VACANCIES 1. Recruitment number : 3/2019 (4'h Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 97821/2011 dated 31-01-2012) Number of vacancy : Scheduled Tribes - 1 Method of recruitment: Direct recruitment (candidates belonging to the Scheduled Tribes communities in the State of Kerala alone are eligible to apply). 2. Recruitment number : 4/2019 (2nd Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 5384/2013 dated 21.03.2013) JUDGEMENT_12_LAWS(SC)1_2021_1.html Method of recruitment: Direct recruitment (candidates belonging to the Non-Creamy layer of the above notified communities in the State of Kerala alone are eligible to apply). 3. Recruitment number : 5/2019 (2nd Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 10945/2016 dated 18.02.2016) Number of vacancy : Latin Catholics/Anglo Indians - 1 Method of recruitment: Direct recruitment (candidates belonging to the Non-Creamy layer of the above notified community in the State of Kerala alone are eligible to apply). 4. Recruitment number : 6/2019 (1st Re-notification relating to the select list prepared pursuant to notification No. REC 4 - 75831/2017 dated 07.11.2017) JUDGEMENT_12_LAWS(SC)1_2021_2.html Method of recruitment: Direct recruitment (candidates belonging to the Non-Creamy layer of the above notified communities in the State of Kerala alone are eligible to apply). Rule 15 (a) of Part II of the Kerala State and Subordinate Services Rules, 1958 shall be applicable for the above NCA recruitments. REGULAR VACANCIES 5. Recruitment number : 7/2019 Number of vacancies : 37 (Probable) (includes one vacancy reserved for Persons with Disabilities which was kept unfilled in the previous year for want of eligible candidate and carried forward to this year as per Section 34 (2) of the Rights of Persons with Disabilities Act, 2016) Method of recruitment: (i) Direct Recruitment; and (it) Recruitment by Transfer.
(3.) A preliminary examination was held on 26 March 2019 and the result was declared on 19 July 2019. The main examination was held on 31 August 2019 and 1 September 2019 and the result was declared on 21 December 2019. Interviews were conducted between 8 and 25 January 2020 and the merit list was published on 20 February 2020. After the competitive examination, a list of candidates qualified for selection was prepared and was published on 20 February 2020. The merit list prepared by the appellant was approved by the Governor and was notified by the Government of Kerala through a gazette notification dated 07 May 2020. By way of this notification, 32 candidates were appointed as Munsiff-Magistrate trainees by direct recruitment for the year 2019 against regular vacancies and 5 candidates were subsequently appointed against NCA. All the selected candidates are undergoing training.;