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november 1986

Supreme Court of India · 1986-11-10

STATE OF KERALA vs A. LAKSHMIKUTTY & ORS.

Citation / case number
SC 1985/66982
Court
Supreme Court of India
Petitioner
STATE OF KERALA
Respondent
A. LAKSHMIKUTTY & ORS.
Author
A.P. SEN
Bench
A.P. SEN

Judgment text excerpt

The Supreme Court ruled that the Governor's discretion under Article 163(1) of the Constitution is not absolute and must align with the recommendations of the High Court for appointing District Judges as per Article 233(1). The Court held that the High Court can issue a writ of mandamus directing the Governor to act on such recommendations, emphasizing adherence to the Kerala State Higher Judicial Service Rules, 1961, particularly Rule 2(b) and Rule 14(c). The judgment clarified the procedural requirements for filling vacancies in the District Judges' posts, ensuring compliance with the rotation system established in the relevant rules.

STATE OF KERALA vs A. LAKSHMIKUTTY & ORS. · Niyam