JUDGMENT

S.H. Kapadia, J.—

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?

Background Facts:

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 t