INDIRA BANERJEE, P.T.ASHA
M. Radhakrishnan – Appellant
Versus
Union of India – Respondent
Ms.Indira Banerjee, J.
This writ petition, by way of public interest, has been filed by an advocate practising in this Court challenging the appointment of the third respondent as Additional Judge of this Court and seeking a declaration that the appointment of the third respondent as Additional Judge of this Court with effect from 4.6.2018 is null and void.
2. At the very inception, the petitioner, appearing in person, has stated that he has no objection to the writ petition being taken up by this Bench presided by the Chief Justice, since the decision to recommend the third respondent for elevation as Judge was taken by a Collegium of which the present Chief Justice was not party and long before the present Chief Justice assumed office as a Judge of this Court.
3. The appointment and conditions of the office of a Judge of a High Court are governed by Article 217 of the Constitution of India. Article 217(2) of the Constitution of India provides:
“Article 217. Appointment and conditions of the office of a Judge of a High Court.-
(1)...
(2) A person shall not be qualified for appointment as a Judge of a High Court unless he is a citizen of India and-
(a) has for at least ten years held
Mahesh Chandra Gupta v. Union of India
Prabhunath Vasireddy v. Union of India
Special Reference No. 1 of 1998, Re
State of Gujarat v. Sankalchand Khodidas Patel
Supreme Court Advocates-on-Record Assn. v. Union of India, reported in (2016) 5 SCC 1 (@ Page 513
Supreme Court Advocates-on-Record Association. v. Union of India
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