Judgment

SHELAT, J.:- The appellant filed a writ petition in the High Court at Allahabad for a quo warranto against respondent 1, challenging therein his appointment as a Judge of that High Court. The ground on which he challenged the appointment was that though respondent 1 was enrolled as an advocate more than 20 years ago, he could not still claim to be one who "has for at least ten years been an advocate of a High Court" within the meaning of Article 217 (2) (b) of the Constitution, as admittedly respondent 1 was all along practising at Benaras and not in the High Court.

2. The writ petition came up for a preliminary hearing before W. Broome and G. Kumar, JJ., when it was urged that the expression "an advocate of a High Court" in Article 217 (2) (b) meant an advocate practising in the High Court and not one practising in a Court or Courts subordinate to the High Court. In support of that interpretation, the language used in Article 124 (3) on the one hand and that in Article 233 (2) on the other was relied on to show that the Constitution has employed different language in connection with different purposes thereby making a deliberate distinction between "an advocate" and "an adv