M. MANOHAR REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The two petitioners, who are advocates of the High Court of Andhra Pradesh, have filed this petition under Article 32 of the Constitution of India, purportedly in public interest. This writ petition seeks a writ in the nature of quo warranto, quashing the appointment of respondent No.3 as a judge of the High Court of Andhra Pradesh and a writ in the nature of mandamus commanding the Bar Council of Andhra Pradesh to cancel his enrolment as an advocate. The quashing of the appointment of respondent No.3 as a judge of the High Court is sought on the ground that the consultation process leading to his appointment was vitiated as both the High Court and the Supreme Court Collegia as well as the Central Government failed to consider two essential facts; one, at the time of his appointment, a criminal trial was pending in which respondent No.3 was not only an accused but a proclaimed offender and the other that even at the time of his enrolment as an advocate he had concealed the criminal proceedings and in the relevant column of the application for enrolment with the Bar Council, he falsely stated that there was no pending proceeding against him.

(2.) In order to put the petitioners' challenge to the appointment of respondent No.3 as a judge of the High Court in the proper perspective, it will be useful to give here a brief outline of the relevant facts.

(3.) The name of respondent No.3 was recommended for appointment as a judge of the Andhra Pradesh High Court on November 14, 1998 by the Chief Justice of the High Court with the other two Collegium members agreeing with the recommendation. The recommendation made by the High Court was received in the Supreme Court on February 15, 1999. At that time the age of respondent No.3 was 41 years and six months and he had completed over 15 years of legal practice. In the resume prepared by the Ministry of Law and Justice that came to be put up before the Supreme Court Collegium, respondent No.3 was described as under: