High Court Kerala High Court

Beveena Nath.K.S. vs State Of Kerala Rep. By The … on 18 March, 2009

Kerala High Court
Beveena Nath.K.S. vs State Of Kerala Rep. By The … on 18 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 8567 of 2009(R)


1. BEVEENA NATH.K.S., TAJ, PRAYIKARA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REP. BY THE SECRETARY TO
                       ...       Respondent

2. THE HIGH COURT OF KERALA, REP. BY ITS

                For Petitioner  :SRI.M.R.RAJENDRAN NAIR (SR.)

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :18/03/2009

 O R D E R
                       T.R. Ramachandran Nair, J.
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                       W.P.(C) No.8567 of 2009-R
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               Dated this the 18th day of March, 2009.

                                  JUDGMENT

The writ petition is filed challenging the vires of Rules 17 of KS &

SSR. The petitioner was a candidate for appointment to the post of

Munsiff-Magistrate and also District Judge. According to the petitioner,

categorisation of the backward classes and sub rotation on the basis of the

said rule violates the provisions of the Constitution of India.

2. The issue raised by the petitioner is covered against her in view of

the judgment of this court in O.P.No.6399/2003. It was held by the

learned Single Judge that the challenge against the said rule fails. The rules

have withstood the test of time. Reliance is placed therein to two Division

Bench decisions of this court in Cochin University of Science and

Technology v. Mohammed Aslam (1996 (1) KLT 214) and Pradeep v.

Joseph Zacharias (2001 (3) KLT 765). I respectfully agree with the view

taken by the learned Single Judge in the above decision.

The writ petition is therefore dismissed.

(T.R. Ramachandran Nair, Judge.)

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