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2011 Supreme(All) 2060

[2011(6) ADJ 680 (FB)]
ALLAHABAD HIGH COURT
(Full Bench)
BEFORE : SUNIL AMBWANI, VIKRAM NATH AND K.N. PANDEY, JJ.
INDIAN SOCIETY OF LAWYERS .....Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition Nos. 4502 of 1982, 1533 of 1996, 32623, 28424 of 1997, 23445 of 2008, 34239, 30186 of 2010, 21st July, 2011)

Advocates:
Counsel :
Udit Chandra, Anubhav Shukla, Divyang Chandra and Tahir Husain for the Petitioner; C.S.C., A.S.G.I., Amit Sthalekar and S.K. Mishra for the Respondents.

Headnote:(A) Constitution of India, 1950—Articles 226, 217 and 224—Appointment—High Court Judges—Practice and Procedure—Fixation of strength, selection and appointment of—Mandamus sought to direct respondents to make appointment as such—Sustainability of—No justification for the A.C.J. to perform constitutional duty under Article 217 and 224—C.J. and two senior most Judges as members of High Court have to perform functions under Article 217—Increase of Judge strength and timely filling up of vacancies in the High Court—Periodical review of Judge strength is a constitutional function providing for the President to appoint Judges as he may deem it necessary—Convening of meeting of collegium and making recommendations for appointment of Judges is a constitutional duty and does not leave any discretion with C.J.—Apex Court direction for initiating process of appointment at least six months before the vacancy arises, so that appointee is in place one month before the Judge retires, may be followed—Convening of meeting of the Collegium, consideration and recommendation of names for appointment of Judges well in advance to the vacancies arise, should be performed periodically—High Court must have all the Judges in place equal to number of sanctioned strength at all times, failing which the High Court is not fully constituted—Moreso, A.C.J. does not have any limitation on his powers, to make recommendations for appointment of Judges of the High Court—Departure from established process of appointment deprecated—However, delay in initiating the process of appointment of Judges to be avoided. [Paras 62 to 82]

       (B) Appointment—Judges—Fixation of strength and selection—Vikram Nath, J. dissented in his opinion—However, not in favour of issuing direction as prayed by petitioners releating to fixation of Judge strength and selection and appointment of Judges. [Paras 85 to 111]

       

JUDGMENT

By the Court.—Writ petition No. 4502 of 1982 was filed by Indian societies of Lawyers through its convenor Shri Ravi Kiran Jain, Advocate practicing at Allahabad High Court with the prayers to issue a writ of mandamus directing the respondents to appoint judges to the 12 vacancies in the Allahabad High Court without delay; to issue a direction directing the respondents to review the position arising out of arrears of pending cases in the High Court and to refix without delay the strength of judges of this Court in order to dispose of the arrears. The petitioners also sought the relief to abolish the posts of the additional judges, and to declare those posts as the posts of permanent judges, and fill them up appointing permanent judges on those posts.

2. In People’s Union for Civil Liberties U.P. Branch through its Joint Secretary v. State of U.P. (Writ Petition No. 1533 of 1996) the petitioner has prayed for direction commanding the registry of the Court to place all the criminal appeals, criminal revisions, applications under Section 482 Cr.P.C. applications in which trials have been stayed and the criminal writ petitions before this Court, if such cases are pending for more than 4 years, and the accused in all such cases be acquitted and files of all such cases be consigned to record after passing orders of acquittal. The petitioners have also prayed for directions to declare that aforesaid type of cases have become infructuous and further holding that the accused in all such cases stand acquitted, on the ground that the speedy trial is fundamental right under Article 21 of the Constitution of India; appeal being continuation of trial, the accused in all the appeals, which are pending in the Court for more than 4 years are entitled to be acquitted.

3. Shri Pushkar Mehrotra, Advocate of the Court filed Writ Petition No. 28424 of 1997 for writ, order or direction in the nature of mandamus commanding the Chief Justice of the High Court to recommend the names from the members of the Bar, for being appointed as judges on the posts, which are lying vacant; a writ of mandamus commanding Union of India to review strength of the judges in the High Court; writ of mandamus commanding respondent Nos.1 to 4 to quash policy of having the quota of 40% judges from the subordinate judiciary and writ of mandamus commanding Chief Justice of this Court to comply with the order dated 3rd May, 1982 passed in Writ Petition No. 4502 of 1982.

4. Shri Harish Chand Jaiswal filed Writ Petition No. 32623 of 1997 for writ of mandamus commanding the respondents to fill existing vacant posts of Hon’ble Judges of the High Court within a reasonable time and further in directing them to fill any vacancy of the office of the High Court Judges, as soon as it becomes vacant; issue of writ of mandamus commanding the respondents to review the strength of Hon’ble Judges of Allahabad High Court and to increase the strength; writ of mandamus commanding the respondents not to adhere to the policy of quota of appointment form the Bar and judicial service and other policies like minority, scheduled castes, other backward classes and other sectarian policy; writ of mandamus commanding the respondents not to make policy of High Court Judges from the members of judicial services on the criteria of seniority and further commanding them not to make appointment of the members of judicial services on the basis of merit, honesty and integrity.

5. In writ petition filed by People’s Union for Civil Liberties U.P. Chapter v. Union of India (Writ Petition No. 23445 of 2008) the petitioners have prayed for directions to the Union of India to start process of appointment of judges to the full strength of 160 judges and not to let the sanctioned posts vacant any further and for that purpose request Chief Justice of India and Chief Justice of this Court to recommend names for the appointment of these posts in accordance with the constitutional requirement; to issue directions to Un

















































































































































































































































































































































































































































































































































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