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Supreme Court of India

Sivanandan C T and Others v. High Court of Kerala and Others

Neutral citation
Reported as [2023] 11 S.C.R. 674
Bench Dr. Dhananjaya Y Chandrachud, Hrishikesh Roy, Pamidighantam Sri Narasimha, Pankaj Mithal and Manoj Misra JJ.
Decided 12 July 2023
Status Distinguished

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

11 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that it would be con trary to the public interest to direct the induction of the petitioners into the Higher Judicial Service after the lapse of more than six ye ars.

Judgment, page 31

From the headnote

Issue for consideration: Rule 2(c)(iii) of the Kerala State Higher Judicial Services Special Rules 1961 stipulates that 25% of the posts in the category shall be fi lled by direct recruitment from the Bar “on the basis of aggregate marks/grade obtained in a competitive examination and viva-voce conducted by the High Court”. The scheme of examination specifi cally stipulated that there shall be no cut off marks for the viva voce. Whether the decision of the High Court to prescribe a cut-off for the viva-voce examination was arbitrary. Kerala State Higher Judicial Services Special Rules 1961 – rule

Authorities it was built on

Where later benches applied it

Of those, 5 followed · 2 distinguished · 3 referred to · 1 mentioned

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