K.H. Siraj vs High Court Of Kerala & Ors

Selection shall be after holding examinations, written and oral. The written examination shall be held on 11th and 12th August, 2001.

10. Scheme of written and oral examinations (1) Written examination The written examination shall consist of the following four papers carrying a maximum of 100 marks each. The time for each paper shall be two and a half hours.

(3) Only candidates who secure not less than 35 per cent marks in each of the papers of the written examination with an overall minimum of 45 per cent of the total marks of written examination and 30 per cent of the marks for the oral examination shall be eligible for appointment provided that the minimum marks required for pass in each paper of the written examination shall be 30 per cent with an overall minimum of 35 per cent of the total marks for candidates belonging to Scheduled Castes/Scheduled Tribes. Fraction of half or more than half shall be regarded as full mark and less than half shall be ignored.

(4) No candidate who has not secured the minimum marks prescribed above in the written examination shall be called for oral examination.

(5) The marks secured by the candidates at the oral examination shall be added to the total marks secured by them at the written examination and the names of all those candidates shall be arranged in the respective lists on the basis of the total marks secured by them.

Pursuant to the above Notification, the appellants/petitioners herein submitted their applications. Written test was held in the month of August, 2001. Thereafter they were called for an interview to appear before the Board consisting of five Hon'ble Judges including Hon'ble the Chief Justice on 17.12.2001. The select list was issued by the High Court on 7.2.2002. The appellants filed writ petition praying for quashing the select list insofar as it is contrary to the principles and Rules relating to reservations. They also moved an application for stay to stay the training and appointment of candidates from the select list till the disposal of the writ petition. The learned single Judge passed an order on 16.1.2004 in I.A.No. 425 of 2004 to the effect that the appointments, if any, will be subject to the result of the original petition. On 23.2.2004, the High Court commences the training of the last 20 candidates in the select list. The learned single Judge, by his order dated 6.8.2004, disposed of the original petition declaring that the decision to fill up the candidates appearing in S.Nos. 60,62,64,66,68 and 70 in the select list from open merit candidates as illegal and consequently restrained respondent Nos. 1 & 2 (High Court of Kerala and State of Kerala) from filling up the above posts from the select list.

The High Court preferred the appeal being W.A.No.1496 of 2004 on 9.8.2004 against the judgment of the learned single Judge. The Division Bench by its interim order dated 12.8.2004 admitted the appeal and stayed the order of the learned single Judge. The appellant preferred Special Leave Petition(c) No.17535 of 2004 before this Court against the interim order dated 12.8.2004. This Court on 25.8.2004 issued notice and stayed the operation of the impugned order. This Court disposed of the above special leave petition on 1.11.2004 after recording the statement of the counsel for the respondents. The order reads thus:

450. The prescription is, therefore, kept to the bare minimum and if a candidate fails to secure even this bare minimum, it cannot be postulated that he is suitable for the job of Munsif Magistrate, as assessed by five experienced Judges of the High Court.

Therefore, the writ petition filed by the appellants/petitioners should be dismissed on the ground of estoppel is correct in view of the above ruling of this Court. The decision of the High Court holding to the contrary is in per curiam without reference to the aforesaid decisions.

For the foregoing reasons, we are of the opinion that the appellants in the civil appeals and petitioners in the special leave petitions are not entitled to any of the reliefs prayed for as they have not made out any valid or sustainable ground. We, therefore, set aside the judgment passed by the learned single Judge and affirm the judgment passed by the Division Bench which, in our opinion, does not warrant interference. Accordingly, the civil appeals and the special leave petitions are dismissed. There shall be no order as to costs.