Judgement

UNTWALIA, J.:- In this appeal by Special Leave we are once again called upon to lay down the meaning and scope of Article 233 of the Constitution of India relating to the appointment of District Judges. This Article along with other Articles in Chapter VI of Part VI of the Constitution came up for consideration and was interpreted by this Court on several occasions in the past yet, a Bench of the High Court of Andhra Pradesh in its judgment under appeal felt persuaded to take a wholly erroneous view as to the meaning of the Article and committed a serious error in the application of the principles of law settled by this Court to the facts of the instant case.

2. We shall state the facts in a narrow compass shorn off unnecessary details. On 3-1-1972 the Government of Andhra Pradesh, respondent No. 1 was requested by the High Court, respondent No. 2, to take necessary steps "for filling up six vacancies by notifying six posts of District and Sessions Judges, Grade II for direct recruitment." By a D. O. letter dated 14-9-1972 the first respondent informed the second respondent that the six vacancies were being notified for direct recruitment. They were actually notified in the