High Court Kerala High Court

Jayakrishna Kaimal P vs The Registrar And Another on 7 January, 2010

Kerala High Court
Jayakrishna Kaimal P vs The Registrar And Another on 7 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 27 of 2010()



1. JAYAKRISHNA KAIMAL P.
                      ...  Petitioner

                        Vs

1. THE REGISTRAR AND ANOTHER
                       ...       Respondent

                For Petitioner  :SRI.P.BABU KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :07/01/2010

 O R D E R
       K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
                  ------------------------------
                      W.A. No.27 of 2010
                  ------------------------------
             Dated this, the 7th day of January, 2010

                        J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The writ petitioner is the appellant. He was a candidate

for appointment to the post of Munsiff-Magistrate, when

applications were called for the same by the respondents, as per

Ext.P2 notification. The appellant was a practising lawyer.

Therefore, he should produce experience-cum-conduct

certificate in Form-A annexed to the application. It is common

ground that he did not produce the certificate in that Form.

Instead, he produced a certificate issued by the High Court Bar

Association. The respondents decided to reject his application.

He was informed of the same by Ext.P3 communication, wherein

the reason for rejection is shown as “application by practising

advocates unaccompanied by Form-A certificate to show

experience at the Bar”. Challenging the said communication, the

W.A. No.27/2010 – 2 –

Writ Petition was filed. The learned Single Judge, after hearing

both sides, dismissed the Writ Petition. Hence this appeal.

2. The learned counsel for the appellant submitted that

a law graduate, even if he is not enrolled and even if he is

unemployed or working elsewhere, can apply for the post of

Munsiff-Magistrate. Therefore, the absence of a certificate to

show experience at the Bar cannot be treated as a valid ground

for rejecting the appellant’s application. This submission is

made, relying on the qualifications prescribed for the post, as

per Ext.P2. The said notification would show that experience at

the Bar is not a mandatory qualification. The very same point

was urged before the learned Single Judge. Form-A certificate is

a certificate showing the experience at the Bar and also the

character and conduct of the incumbent. All the applicants

should produce a conduct certificate. In the case of a practising

lawyer, the conduct certificate would show his experience at the

Bar also. It should be issued by the Presiding Officer of the

Court, where he is practising. Since the appellant claimed that

he is a practising lawyer it was mandatory for him to produce a

W.A. No.27/2010 – 3 –

certificate in Form-A from the Presiding Officer. Taking this

view, the learned Single Judge rejected the aforementioned

contention of the appellant.

3. Having regard to the contents of Form-A, a copy of

which was made available to us by the learned senior counsel

for the respondents, we find it difficult to take a different view.

Form-A requires certification regarding the length of practice

and also regarding the candidate’s character and conduct. It is

mandatory to submit the certificate in Form-A along with the

application, if the applicant is a practising lawyer. Therefore, we

think, the view taken by the respondents, which was affirmed by

the learned Single Judge, cannot be said it to be illegal or

irrational, warranting interference at our hands.

In the result, the Writ Appeal fails and it is dismissed.

(K. BALAKRISHNAN NAIR, JUDGE)

(C.T.RAVIKUMAR, JUDGE)

ps