V Giri for Kerala HC, AG Mukul Rohatgi, R Basant appear in Kerala’s Munsiff Magistrate selection case

Senior Advocate V Giri is representing the Kerala High court in a case concerning the selection of Munsiff Magistrates in Kerala. Attorney General Mukul Rohatgi and Senior Advocate R Basant are appearing for the State of Kerala..The case was heard today by a Bench comprising Chief Justice TS Thakur and Justice R Banumathi when the court ordered that the matter be listed before another Bench. It is understood that Justice Banumathi recused from the case..The case has its genesis in 2013 when the High Court had invited applications for selection to the post of Munsiff Magistrates. The number of vacancies were decided taking into account Grama Nyayalayas which were to be established in the State..A total of sixty-six candidates were selected and given training. But when the Grama Nyayalayas were not set up due to administrative difficulties, it was found that there was an excess of 28 candidates. These 28 candidates are now being sought to be inducted as Munsiff Magistrates for the vacancies that arose in the year 2015..The High Court has filed an application before the Supreme Court seeking permission for the same..The application has been filed in the case of Malik Mazhar Sultan And Anr. v. Uttar Pradesh Public Service Commission, a case in which the Supreme Court had given various directions for filling up vacancies in lower judiciary..As per the application,.“…if the vacancies arising in the year 2015 are also considered, enough number of vacancies to absorb all 66 Munsiff Magistrates are available. It is, therefore, the respectful prayer of the applicant that the Hon’ble Court may be pleased to allow the State of Kerala to fill the vacancies by appointing the 66 Munsiff Magistrates who have already completed their training..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….This is especially because the remaining 28 Munsiff Magistrates were also practising advocates or officers of the government when selected to the post in question.”.When the matter was heard on April 1, the court had adjourned the case for two weeks to allow the petitioner to produce all relevant documents. The Bench that passed that order on April 1 comprised Justice AK Sikri apart from the two judges who were on the Bench today..However, the court today proceeded to direct that the matter be listed before another Bench. A similar application had been filed by the High Court once before but dismissed by the Supreme Court..Read the application filed by Kerala High Court below..Image of R Basant taken from here.