Supreme Court Allows Judicial Officers in Kerala to Continue Despite Illegal Selection Process
Summary:
- The Supreme Court has ruled that certain judicial officers in Kerala can continue in their posts, despite the illegal and arbitrary selection process followed by the Kerala High Court.
- The Court stated that unseating the selected officers would be contrary to public interest as they have been serving the district judiciary for nearly six years.
- The issue before the Court related to the decision taken by the Kerala High Court to fix a cut-off mark on the basis of viva-voce for the selection of District Judges in March 2017.
- The Supreme Court found the cut-off mark fixed by the High Court to be “manifestly arbitrary” and “ultra-vires” the rules.
- However, the Court refrained from invalidating the selection of candidates due to the time elapsed and their experience as judicial officers.
- The Court clarified that the failure of the petitioners to get selected will not be considered a reflection on their merit and will not hinder their future selections.
- The judgment also highlighted the principles of good administration, the doctrine of substantive legitimate expectation, and the need for transparency and consistency in public authority decisions.
Detailed report of the hearing can be read here ★Supreme Court Says Kerala HC Erred In Fixing Cut-Off For Viva-Voce In 2017 District Judge Selection; Refrains From Unseating Selected Candidates
Case Title: Sivanandan CT and others vs High Court of Kerala W.P.(C) No. 229/2017, Fathimma Beevi M M And Ors. v. High Court Of Kerala W.P.(C) No. 379/2017 and Alphonsa John and others vs High Court of Kerala W.P.(C) No. 618/2017
Citation: 2023 LiveLaw (SC) 658; 2023 INSC 709
Click here to read the judgment
Follow DelhiBreakings on Google News
Superfast News Coverage by DelhiBreakings.com team.
For Superfast national news and Delhi Breaking Stories visit us daily at https://delhibreakings.com
