Judgment

Y. V. CHANDRACHUD, J.:- This appeal by certificate involves the question as to the constitutionality of a notification issued by the President of India on May 27, 1976 which reads thus:

"In exercise of the powers conferred of Clause (1) of Art. 222 of the Constitution of India, the President after consultation with the Chief Justice of India, is pleased to transfer Shri Justice Sankalchand Himatlal Sheth, Judge of the High Court of Gujarat, as Judge of the High Court of Andhra Pradesh with effect from the date he assumes charge of his office."

By a foot-note, Justice Sheth was "requested to take charge of his duties in the Andhra Pradesh High Court within four weeks from the date of issue" of the notification. The notification was issued by the Government of India in its Ministry of Law, Justice and Company Affairs, Department of Justice.

2. Mr. Sheth complied with the order of transfer and assumed charge of his office as a Judge of the Andhra Pradesh High Court but before doing so, he filed a writ petition, 911 of 1976, in the Gujarat High Court challenging the constitutional validity of the notification on the following grounds:

(i) The order was passed without his consent: s