Kerala High Court Weekly Round-Up: January 1 - January 7, 2024

Nominal Index [Citations: 2024 LiveLaw (Ker) 1-20]Union of India & Ors. v. P.K. Santhosh Kumar, 2024 LiveLaw (Ker) 1P C Najeeb v State of Kerala, 2024 LiveLaw (Ker) 2George Mathew v. State of Kerala, 2024 LiveLaw Ker (3)XXX v State of Kerala, 2024 LiveLaw (Ker) 4Ranjith Kumar K.V. & Ors. v. State of Kerala & Ors., 2024 LiveLaw (Ker) 5X v Y, 2024 LiveLaw (Ker) 6Thazheveettil Naushan and ors. v. Elizabeth Regive, 2024 LiveLaw Ker (7)Sajithabai & Ors. v. Kerala Water Authority & Ors. and connected matter, 2024 LiveLaw (Ker) 8Sameerali v. Muhammed, 2024 LiveLaw Ker (9)Gangadharan v State of Kerala, 2024 LiveLaw (Ker) 10Baby v. Chandramathy, 2024 LiveLaw Ker (11)Shaju Pachelil Pathrose Versus Additional/Joint/Deputy/Assistant Commissioner Of Income Tax, 2024 LiveLaw (Ker) 12Mathew Kunju Mathew v. K.V. Kuriakose & Anr. and connected matters, 2024 LiveLaw (Ker) 13A H Sheriff v State of Kerala, 2024 LiveLaw (Ker) 14Ashiya Ummal v. S.N. Sathy & Ors., 2024 LiveLaw (Ker) 15Prabhulla P v. State of Kerala, 2024 LiveLaw Ker (16)XXX v State of Kerala, 2023 LiveLaw (Ker) 17Sreekumar v State of Kerala, 2024 LiveLaw (Ker) 18XX v. State of Kerala & Ors., 2024 LiveLaw (Ker) 19Kaliman Thozhilali Kshema Vyavasaya Sahakarana Sangam Ltd. v District Geologist, 2024 LiveLaw (Ker) 20Judgments/Orders this WeekAd Hoc Service Cannot Be Counted For Financial Upgradation Under Career Progression Schemes: Kerala High CourtCase Title: Union of India & Ors. v. P.K. Santhosh KumarCitation: 2024 LiveLaw (Ker) 1The Kerala High Court held that an employee without the requisite qualifications for Bosun (Certified) cannot claim promotion to the said post, and that ad hoc service rendered by such employee shall not qualify for fiancial upgradations under the Assured Career Progression ('ACP'), and the Modified Assured Career Progression ('MACP') Schemes."...we specifically note that the ACP Scheme itself stipulates that the employee must fulfil normal promotional norms. In such circumstances, without fulfilling the educational qualifications prescribed for the post of Bosun (Certified), the applicant is not entitled to claim promotion to the post of Bosun (certified)," the Division Bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed.Can't Reject Advocates' Notary Applications Summarily Sans Giving Valid Reasons As It Would Cast Stigma On Their Credentials: Kerala HCCase Title: P C Najeeb v State of KeralaCitation: 2024 LiveLaw (Ker) 2The Kerala High Court has made it clear that notary applications of advocates cannot be summarily rejected under Rule 8(1)(c) of the Notaries Rules, 1956 without giving germane and valid reasons.Justice Devan Ramachandran held that notary applications cannot be rejected summarily stating that the number of applicants was higher than the number of vacancies.“Even when the Government has the right to reject an application under Rule 8(1)(c), it has to be done for germane and legal reasons. The factum of the number of applicants being much higher than the vacancies, cannot be the sole reason to summarily reject it, except if it is established that there are others, who are found to be more eligible in the process. (See for support – Abdul Kareem M.T.P. v. State of Kerala [2023 (1) KHC 666]).”Kerala High Court Explains Inter Se Exchange And Carry Forward Of Reservation For Persons With DisabilitiesCase Title: George Mathew v. State of KeralaCitation: 2024 LiveLaw Ker (3)The Kerala High Court clarified the position on inter se exchange regarding vacancies in quota reserved for persons with disabilities.The single judge bench reiterated that if any vacancy reserved for a particular category of benchmark disability cannot be filled due to the unavailability of a suitable candidate with that specific benchmark disability or for any other valid reason, such a vacancy must be carried forward as a 'backlog reserved vacancy' to the subsequent recruitment year.Justice Raja Vijayaraghavan added that the 'backlog reserved vacancy' should be treated as reserved for the category of Disability as it was originally reserved in the initial year of recruitment. However, if a suitable candidate with that benchmark disability is still unavailable in the subsequent year, the vacancy may be filled through interchange among the categories of benchmark disabilities designated for reservation.'Foetus Fully Developed': Kerala HC Declines Plea To Terminate 34 Weeks Pregnancy Of 12-Yr-Old In Incestual Relationship With Minor BrotherCase title: XXX v State of KeralaCitation: 2024 LiveLaw (Ker) 4The Kerala High Court has refused permission to medically terminate the pregnancy of a 12-year-old minor girl who was allegedly in an incestual relationship with her minor brother. It held that medical termination of pregnancy was not an option as the foetus had already reached 34 weeks of gestation and was now fully developed.Justice Devan Ramachandran has directed the minor girl to be in the custody and care of the...

Kerala High Court Weekly Round-Up: January 1 - January 7, 2024

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