VidhiSangh

Supreme Court of India · 11/01/2021

HIGH COURT OF KERALA versus RESHMA A. & OTHERS ETC.

[2021] 1 S.C.R. 289 · 2021 INSC 15

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Summary

Candidates on the 2019 Kerala Munsiff-Magistrate merit list claimed vacancies arising for one year after its approval in May 2020. The Court rejected treating list validity as authority to appropriate the next recruitment year’s vacancies. Rules 7(1) and 7(2) had to be read together with annual recruitment directions and equality of opportunity. The judicial orders requiring additional appointments were set aside and the candidates’ writ petitions dismissed.

Issues

  1. Whether amended Rule 7(2) allowed the 2019 list to fill vacancies belonging to the 2020 recruitment year.
  2. How the rules should be harmonised with Malik Mazhar Sultan directions and Articles 14 and 16.
  3. Whether recruitment delay or the description of vacancies as probable justified additional appointments.

Provisions considered

Held

Result

Appeals allowed; High Court judgment set aside and candidates’ writ petitions dismissed, without costs.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 289.