Advocates:
RACHANA SRIVASTAVAP. N. GUPTA

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS.1134-1135 OF 2002

State of Uttaranchal

.. Appellant

Versus

Balwant Singh Chaufal & Others

.. Respondents

J U D G M E N T

Dalveer Bhandari, J.

1.

These appeals have been filed by the State of

Uttaranchal (now Uttarakhand) against the orders dated

12.7.2001 and 1.8.2001 passed by the Division Bench of the

High Court of Uttaranchal at Nainital in Civil Miscellaneous

Writ Petition No. 689 (M/B) of 2001.

2.

The appointment of L. P. Nathani was challenged before

the High Court in a Public Interest Litigation on the ground

that he could not hold the august Office of the Advocate

General of Uttarakhand in view of Article 165 read with

Article 217 of the Constitution. According to the respondent,

Mr. Nathani was ineligible to be appointed as the Advocate

General because he had attained the age of 62 years much

before he was appointed as the Advocate General. The High

Court entertained the petition and directed the State

Government to take decision on the issue raised within 15 days

and apprise the same to the High Court.

3.

T