IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 35555 of 2008(R) ---------------------------------- PETITIONER(S): ------------------- MINU MATHES, D/O. LATE MATHEWS VARKEY, THAZCHAYIL KALLOOR, KAVUMBHAGOM, THIRUVALLA, PATHANAMTHITTA DIST. BY ADV. SRI.AYYAPPAN SANKAR RESPONDENT(S): -------------------- 1. HIGH COURT OF KERALA, REP. BY THE REGISTRAR GENERAL, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 2. THE REGISTRAR, SUBORDINATE JUDICIARY, HIGH COURT OF KERALA, ERNAKULAM, KOCHI -31. 3. STATE OF KERALA, REP. BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHPURAM. R1 & R2 BY ADVS. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.B.UNNIKRISHNA KAIMAL R3 BY GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SVS/ WP(C).No. 35555/2008(R) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTIFICATION NO.B1-60160/2006/BE DATED 16/04/2007 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE HALL TICKET ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P3: COPY OF THE LIST OF CANDIDATES QUALIFIED FOR ORAL EXAMINATION ISSUED BY THE 2ND RESPONDENT. P4: COPY OF THE PRESS RELEASE DATED 11/11/2008 ISSUED BY THE 1ST RESPONDENT. P5: COPY OF THE SCHEDULE OF THE ORAL EXAMINATION. P6: COPY OF THE LETTER NO.B1-60160/2006-B4 DATED 13/11/2008 OF THE 2ND RESPONDENT TO THE PETITIONER. P7: COPY OF THE REPRESENTATION DATED 17/11/2008 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. P8: COPY OF THE LETTER NO.B1-60160/2006-B4 DATED 24/11/2008 OF THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS NIL /TRUE COPY/ P.A. TO JUDGE SVS/ S.SIRI JAGAN, J. ----------------------------------------- W.P. (C) NO.35555 OF 2008 ---------------------------------------- Dated this the 13th day of October, 2010. JUDGMENT The petitioner is an applicant for the post of District and Sessions Judges in the Kerala Higher Judicial Service. She was originally an Advocate but later accepted employment in a Bank and on the last date for submitting applications the petitioner was not an Advocate. Therefore the petitioner was not allowed to participate in the interview although the petitioner passed the written test. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:- “i. a writ of certiorari quashing/setting aside Exts.P-6 and P-8 issued by the 2nd respondent. ii. a writ of mandamus directing the Respondents to include the Petitioner's name in the list of candidates qualified for oral interview and to call the petitioner for oral interview scheduled to be held from 1.12.2008 to 12.12.2008.” 2. On 2.12.2008 this Court passed the following interim order:- “Admit. Sri.B.Unnikrishna Kaimal takes notice for respondents 1 and 2. Issue notice to the third respondent by speed post returnable in ten days. 2. It is brought to my notice that in W.A.No.2292 of 2008 filed by Sri.Muhammed Raees (SI.No.30 in Ext.P3) a W.P. (C) NO.35555 OF 2008 2 Division Bench of this Court has directed that he also be interviewed for selection to the post of District and Sessions Judge in the Kerala Higher Judicial Service. In the instant case, the petitioner's request to permit her to participate in the viva voce was declined on the ground that though she was eligible to apply, she became ineligible for the reason that she was subsequently appointed in the Union Bank of India. In the light of the direction issued by the Division Bench of this Court in W.A.No.2292 of 2008, the petitioner shall also be permitted to participate in the interview for selection to the post of District an Sessions Judge in the Kerala Higher Judicial Service, on a provisional basis, subject to further orders in the Writ Petition. Respondents 1 and 2 shall issue necessary call letter to the petitioner fixing the date and time for the interview.” Pursuant to the interim order the petitioner was interviewed and she was also been included in the rank list. Now the writ petition comes up for final disposal. In so far as in writ appeal No.2292 of 2008 a similarly placed candidate has been directed to be allowed to participate in the selection process and the SLP against that judgment has been dismissed by Supreme Court following the Division Bench Judgment. I disposed of this writ petition in terms of the order dated 2.12.2008, quashing Exts.P6 and P8. S.SIRI JAGAN, JUDGE. mns