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The SC bench comprising Chief Justice Dipak Misra, Justice D.Y. Chandrachud and Justice A.M. Khanwilkar heard one of the most controversial matters, regarding the selection of judges in Kerala Higher Judicial Services. The bench issued an order stating that the fresh selection to the posts will subject to the result of the petition.
Background of the case
Petitioner is one of the candidates who was not selected for the post because of not securing the cut off marks. He filed a petition contending that in Kerala Higher Judicial Services rules, there was no mention of cut off marks to be required in the interview round. The committee changed the rules and acted contrary to the rules and notifications due to which petitioners were not able to clear the cut off required for interview round, even though they have secured higher marks than the other selected candidates. According to the notification the selection had to be done on the aggregate of written and interview, there was no mention of individual cut off of interview to be required.
In 2013, similar case named Tej Prakash Phatak v. Rajasthan High Court, was addressed to the SC, the three judge bench referred this case to constitutional bench. In 2016 another case named Salam Samarjeet Singh v. High Court of Manipur was also referred to the same constitutional bench which the earlier case (Tej Prakash Phatak v. Rajasthan High Court).
Now the Kerala HC issued a notification regarding fresh recruitment of various posts, including the post for which the petitioner was also a candidate. The petitioner filed a petition in the SC in order to obtain interim relief regarding the same. after hearing the petitioner’s counsel the SC stated that the fresh appointment will be subjected to the result of the petition.
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