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The Division bench, led by Justice Chitambaresh and comprising of Justice TV Anil kumar
responding to a writ appeal against a single bench judgment that had quashed an Official Memorandum calling for applications from eligible candidates for appointment as Temporary Munsiff-Magistrate. Kerala High Court said the above while hearing the case challenging the selection of District Judges two decades ago.The challenge was essentially directed towards prescription of an age limit of 52 years as on 1.6.2018 in order to be eligible to apply though the Rules did not impose any such restriction. The bench in agreement with single bench said that the amendment to the Rules was prospective by notification in the Kerala Gazette dated 14.1.2019 whereas the unamended Rules covered the field when the recruitment was in process to the post of Temporary Munsiff-Magistrate. Official Memorandum stipulated that applicant should not have completed 52 years of age as on 01.06.2018 which is totally absent in the rules. It is the Governor of Kerala who is the appointing authority for Magistrates and who is in consultation with the High Court has made the rules which need to be followed properly. Any deviation attracts the vice arbitrariness rendering the entire selection process as invalid as stated in Single Bench Judgement. Rule 9 empowers High Court to appoint a person otherwise than the formal process in case of emergency, temporarily in public interest. It was stated that the exceptional power to appoint a person otherwise than in accordance with the Rules temporarily can be exercised in the case of one or two candidates and not for a mass recruitment of 16 in number. Also, the files of the Administrative Committee did not reveal any decision having been taken to indicate that it is necessary to depart from the Rules in public interest owing to an emergency. The Statement filed by the High Court and the Registrar in the writ petition only stated that the Government has been addressed to amend the Rules to maintain the dignity of the post. The High Court as any other institution was bound to follow the Rules and the Administrative Committee shall not sit in appeal over the decisions taken on the judicial side. The bench also rejected the contention of the High Court administration questioning the locus of one of the petitioner which is a civil judicial staff organisation. It dismissed the appeal finding that the process of selection of the Temporary Munsiff-Magistrates was not in accordance with the Rules and hence arbitrary.The locus standi of the writ petitioners who are the Kerala Civil Judicial Staff Organisation and its Secretary to question the eligibility criteria fixed was also doubted. Division bench said that the learned single Judge was justified in invalidating the same after finding that the process of selection of the Temporary Munsiff-Magistrates was not in accordance with the Rules and hence arbitrary.The writ appeals were dismissed. Kerala High Court thus quashes ‘Arbitrary’ Selection process of temporary Magistrates.
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