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Kerala Munsiff-Magistrate Fiasco; No Appointments from 2013 List for Current Vacancies; SC [Read Order]

LiveLaw News Network
19 April 2016 12:13 PM GMT
Kerala Munsiff-Magistrate Fiasco; No Appointments from 2013 List for Current Vacancies; SC [Read Order]
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Supreme Court of India Today has dismissed an Application as withdrawn, filed by High Court of Kerala in Malik Mazhar Sultan & Anr. v. U.P. Public Service Commission, seeking permission to induct 66 Munsiff Magistrates Candidates who were selected and completed the pre-induction training, pursuant to an examination conducted in 2013, for the current vacancies.

The Two Judge Bench headed by Chief Justice T S Thakur asked why training was given to candidates for more posts than the ones reported in 2013. According to High Court, while taking into consideration vacancies which would have arisen up to 31.12.2014, the High Court issued a notification for selection of Munsiff – Magistrates for 81 vacancies, in view of administrative sanction for the establishment of 30 Gram Nyayalayas in the State. Since these Gram Nyayalayas have not come up in the State till now, only 38 vacancies arose for the period notified in the 2013 selection notification.

The High Court contented that at present, the total vacancies for the post of Munsiff-Magistrates are likely to be 66. This would hence be adequate to absorb all 66 Munsiff-Magistrates who have already completed the statutory one year training period. Seeking sanction for their appointment, the High Court’s application stated, “It would be unfortunate, unfair and unjust to the remaining 28 Munsiff-Magistrates, if only 38 of the 66 trained Munsiff-Magistrates are appointed to judicial posts and the remaining 28 are not immediately absorbed by being either indefinitely continued on training; or being left without any productive avenue. This is especially because the remaining 28 Munsiff-Magistrates were also practicing advocates or Officers of the Government when selected to the post in question”

Dismissing the arguments Chief Justice Thakur said “It is the job aspirants who have had to become the sacrificial goats due to the flaw from the part of the high court. It is not possible to make recruitments for future vacancies,”

Read the order here.

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