MAHESH CHANDRA GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The President of India by a Warrant dated 6.8.2008 under her hand and seal appointed Dr. Satish Chandra, Respondent no. 3 herein as Additional Judge of Allahabad High Court.

(2.) The question for consideration is: whether appointment of Respondent no. 3 as Additional Judge of Allahabad High Court was an infraction of Article 217(2) and Article 217(1) of the Constitution of India Was he qualified for appointment as a Judge - if so - has the mandatory process of consultation under the Constitution stood followed

(3.) Shri Mahesh Chandra Gupta (Respondent no. 1 in S.L.P.(C) No. 25859/08), a practicing advocate, filed a Writ Petition under Article 226 of the Constitution before the Allahabad High Court on 18.8.2008 challenging the appointment of Respondent no. 3 herein as an Additional Judge of the Allahabad High Court on the ground that he was not eligible for such an appointment. The Original Petitioner prayed for issuance of quo warranto directing Respondent no. 3 as a Judge of Allahabad High Court to show the authority of his Office and to justify the constitutionality of his appointment as a Judge of Allahabad High Court. According to the original petitioner, Respondent no. 3 herein lacked basic eligibility qualification; that Respondent no. 3 had not practiced as an advocate for at least ten years in the Allahabad High Court and that Respondent no. 3 did not hold Judicial Office of a judicial service subordinate to Allahabad High Court. In the original petition, the challenge was only on the ground of lack of eligibility but not on suitability and/or want of effective consultation process, which grounds were taken later on by supplementary affidavits.