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The Supreme Court has held that the Kerala HC was justified in making appointments of 66 munsiff magistrates, selected in pursuance of the advertisement issued in the year 2013, which was followed by an unpleasant situation as an adequate number of Gram Nyayalayas had not been established in the state for selected candidates to be appointed to.
Refusing to interfere in the appointments so made, the bench comprising of Justice Arun Mishra and Justice Vineet Sharan said that as the incumbents were selected and sent for training and were actually paid stipend also, they cannot be denied the appointment due to delay on the part of the State Government of Kerala for creating posts of Gram Nyayalayas due to which, some restraint had arisen. However, the issue has been taken care of by rightly appointing 66 candidates.
The petitioner contended that there was an error in calculating the number of vacancies of munsiff magistrates but senior counsel R.Basant, appearing on behalf of the HC of Kerala, stated that there was no such error.
He also submitted that if any error is pointed out, it will be open to the petitioners to file their representation and same shall be sympathetically and objectively looked into by the Committee of the HC on administrative side. Accordingly, no ground was found by the bench to interfere upon with the appointments.
It is to be noted that the HC had conducted the exam for 81 posts of munsiff magistrates in the anticipation that more vacancies will be created with the state government establishing more Gram Nyayalayas by year 2014.However, the same did not happen and the 66 candidates ended up being trained as against the then posts of 38.
The HC had then moved the SC seeking the permission to induct them all but the plea was not entertained. Later, the 66 selected candidates got inducted.
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