NEW DELHI: The Supreme Court said that some judges appointed by by the Kerala High Court in 2017 were allowed to continue in their posts on public interest, although it was illegal.

When the copy of the judgment of July 12 was released, the reasons given by the Supreme Court for not dismissing the district judges became clear. In March 2017, a five-judge Constitution Bench headed by Chief Justice DY Chandrachud had found the High Court's move to fix the minimum cut-off marks arbitrary and violative of fundamental rights.

As per Kerala State Higher Judicial Services Special Rules, total marks of written examination and viva are to be considered for district judge appointment. The notification did not specify that Viva has cut-off marks. Therefore, the Constitution Bench found that the High Court's action of viva fixing the minimum cut-off marks was illegal. The fact that the Supreme Court did not dismiss those appointed as district judges was a big debate in legal circles. The verdict was on a petition filed by the candidates challenging the recruitment process in the Kerala High Court.

Public interest

It would be against public interest to remove appointees after six years in judicial service.

The administration and the higher judiciary should not lose the services of officers with six years of experience

Non-selection in 2017 will not prevent the petitioners from future recruitment.