CASE DETAILS SIVANANDAN C T & Ors. v. HIGH COURT OF KERALA & Ors.
Case at a glance
Provisions considered
- Constitution of India arts. 14, 32, 233, 309
- Control and Management Act, 1981
Judgment
Directions – The High Court’s decision to apply a minimum cut- off for the viva voce frustrated the substantive legitimate expectation of the petitioners – The decision of the High Court is legally untenable – Whether the petitioners can be inducted into the Higher Judicial Service: Held: In terms of relief, it would be contrary to the public interest to direct the induction of the petitioners into the Higher Judicial Service after the lapse of more than six years – Candidates who were selected nearly six years ago cannot be unseated – They were all qualifi ed and have been serving the district judiciary of the state – Unseating them at this stage would be contrary to public interest – To induct the petitioners would be to bring in new candidates in preference to those who are holding judicial offi ce for a length of time – To deprive the State and its citizens of the benefi t of these experienced judicial offi cers at a senior position would not be in public interest. [Para 55] LIST OF CITATIONS AND OTHER REFERENCES Secretary, State of Karnataka v. Umadevi (2006) 4 SCC 1: [2006] 3 SCR 953 – followed.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.