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Supreme Court of India 2021-01-11 allowed

High Court of Kerala vs Reshma A. & Others etc

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The High Court of Kerala allowed two writ petitions seeking appointment of candidates beyond the notified vacancies, holding that Rule 7(2) of the Kerala Judicial Services Rules permits filling vacancies arising within one year of merit list approval from the prior selection year. The Supreme Court reversed this, holding that 'probable vacancies' in Rule 7(1) means only vacancies existing and anticipated within that recruitment year. Vacancies of a subsequent year (2020) cannot be allocated to a prior selection (2019). The Court emphasized that annual selection is mandatory, and candidates from a prior year cannot appropriate vacancies of subsequent years. This interpretation harmonizes the Rules with the mandate of Articles 14 and 16, protecting the equal opportunity rights of newly eligible candidates."

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Judicial Service Recruitment Public Employment Constitutional Law Service Rules Articles 14 and 16

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