Honble LAKSHMANAN, CJ.–The unsuccessful petitioner in the writ petition is the appellant in this appeal. The case was argued before the learned Single Judge as well as before us by the petitioner-appellant in person. An interesting prayer was made in the writ petition in the nature of mandamus. The prayer in the writ petition reads as follows:

i) Respondents be directed to advertise the post of Chief Justice of India, Judges of Supreme Court, Chief Justice of High Courts and Judges of High Court and petitioner be provided an opportunity to apply under such advertisement and compete before any appointment is made and selection be made after considering all candidates who are eligibles and applies for such appointment.

ii) It be declared right to opportunity to apply for the post of and appointment of Chief Justice of India, Judge of Supreme Court, Chief Justice of State and High Court is an un- amendable fundamental right in these appointments and every eligible has right to apply and compete for such appointments irrespective of caste, creed or sex.

iii) Any other relief this Honble Court deem fit be awarded to the petitioner.

(2). The President of India, Chief Justice of India, Governor of Rajasthan, Chief Justice of Rajasthan and Union of India, through the Secretary, Ministry of Law and Justice were made party- respondents.

(3). According to the petitioner-appellant, in so far as judicial appointments under Articles 124 and 217 are concerned, it is impossible to achieve transparency unless intention of Government is clear and transparent. The petitioner has employed intemperate language in presenting his case and criticised the appointments made for the High Court, Supreme Court and transfers. In Para-4 of the Writ Petition, the petitioner has stated thus:

``That fifty years of Satyanmev Jayate (let truth win) have left us saddled with a Supreme Court Judgment which holds that truth is no defence against the charge of contempt to Court. This judgment is State of Maharashtra vs. Perspective Publications. The result is that the public never knows the truth of the Judicial Guerrilla warfare that goes on in the Apex Court for High Court appointments and transfers. The same applies to the Apex Court appointments and especially the fights for the office of the Chief Justice of India. The Legal business lobbies and the ruling politicians who partake of these fights for public office remain conveniently hidden from the public eye. The same judgment comes in handy to screen of public gaze into the functioning of those appointed. In the name of the independence of the Judiciary and the contempt power against scandalizing courts are wholly opaque and not subject to truth about themselves.

(4). In Paras-7 and 8 the petitioner has stated thus:

(7) ``That so far Judges appointments and transfers are concerned, we have made endeavour to seek transparency in such appointments and made attempts by filing various kind of litigation but in 50 years, we have not reached to a right conclusion and Learned President of India has made reference under Article 143 to seek some solution. But there could be no solution unless, all eligibles are invited to seek these appointments.

(8) That every appointment is a NATIONAL PROPERTY and every eligible irrespective of caste creed or sex has right to seek such appointments. It is not a hereditary property that it would be succeeded by the hereditary choice of the appointing authorities. In last 50 years we did only this. All appointments so far made under Article 124 and 217 are in violation of Article 14 and 16. They are against doctrine of Legitimate expectancy. Further they are against basic structure of Constitution that is against principle of ``Right to opportunity. The worlds best Constitution which we are having is based on basis of Human Rights and India is Champion for last 50 years which had ADVOCATED FOR THE BASIC HUMAN RIGHTS. ONE OF THE BASIC HUMAN RIGHT IS RIGHT TO OPPORTUNITY WHICH IS AN UNAMENDABLE

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