Sunitha.K.E vs State Of Kerala
2022 Latest Caselaw 12218 Ker

WP(C) NO. 12317 OF 2012             1



                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
       THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
                           WP(C) NO. 12317 OF 2012
PETITIONER/S:
           SUNITHA.K.E.
           AGED 42 YEARS
           LEGAL ASSISTANT GR.11, LAW DEPARTMENT, NOW ON DEPUTATION
           AS CLERK, ADR CENTRE, ERNAKULAM

               BY ADVS.
               SRI.C.ANIL KUMAR
               SMT.A.K.PREETHA


RESPONDENT/S:
     1     STATE OF KERALA
           REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT,
           THIRUVANANTHAPURAM 695 001.

      2        LAW SECRETARY
               GOVERNMENT OF KERALA, LAW (ADMINISTRATION 1) DEPARTMENT,
               THIRUVANANTHAPURAM 695 001.

      3        HIGH COURT OF KERALA
               ERNAKULAM REPRESENTED BY REGISTRAR, 682 031.

      4        THE DISTRICT CO-ORDINATOR (DISTRICT JUDGE ) (DELETED)
               DISTRICT MEDICATION CENTRE, DISTRICT COURT BUILDING,
               ERNAKULAM, KOCHI 682 011. R4 IS DELETED FROM THE PARTY
               ARRAY AS PER THE ORDER DATED 27/06/2012 IN IA 7548/2012
               IN WP(C) 12317/2012.

               BY ADVS.
               GOVERNMENT PLEADER, SRI.RENJITH.T.R
               SRI.ELVIN PETER P.J.

      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12317 OF 2012               2




                        P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                      W.P.(C) No. 12317 of 2012
                     --------------------------------------
              Dated this the 22nd day of December, 2022


                                 JUDGMENT

The above writ petition is filed with following prayers :

"(a) Declare that the proviso to Rule 9(1) of the Kerala Judicial Service Rules in so far it mandates service in any of the categories specified in Rule 5(3) for a minimum period of 2 years after the acquisition of the qualification in law is violative of Article 14 and 16 of the Constitution of India. B) In the alternative read down the condition in proviso to Rule 9(1) which specifies minimum period of 2 years after the acquisition of the qualification in law for being considered to the post of Munsiff-Magistrate under Rule 9 as the same is discriminatory C) Issue a writ of mandamus or any other appropriate writ, direction or order quashing and setting aside Exhibit P2 and direct the 2nd respondent to consider the application submitted by the petitioner afresh. (D) Be further pleased to issue such other writ order or direction as are warranted on the facts and circumstances of the case." [SIC]

2. The counsel for the petitioner submitted that even

though the counsel tried to contact the petitioner, he did not

get any response.

In the light of the same, this writ petition is dismissed for

non-prosecution.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS