P MANOGARANE SECRETARY THE PONDICHERRY BAR ASSOCIATION PONDICHERRY Vs. UNION OF INDIA UNION TERRITORY OF PONDICHENY

JUDGEMENT

(1.) W.P.No.3642 of 1992: The petitioner is the Secretary of the Pondicherry Bar Association. He filed the above writ petition on behalf of the Bar Association, according to the petitioner, is devoted to act in furtherance of the interest of the Judiciary and the Rule of Law with a view to achieve justice to the litigant public, with following prayer: "To issue a writ in the nature of a certiorari or any other appropriate writ or order, calling the records relating to the Order No.59/SPA/92-LD, dated 27.2.1992 on the file of the respondent and G.O.Ms.No.31/84/LLD, dated 2.7.1984 on the file of the 4th respondent to quash the same and to pass such further or other order as this Court may deem fit proper."

(2.) THE petitioner filed W.M.P.No. 19852 of 1992 to amend the prayer in the writ petition, which is as follows: "To issue a writ in the nature of a certiorari or any other appropriate writ or order, calling the records relating to the Order No.59/SPA/ 92/LD, dated 27.2.1992 on the file of the respondent and G.O.Ms.No.31/84/LLD, dated 2.7.1984 on the file of the 4th respondent to quash the same in so far as the 3rd respondent is concerned and to pass such further other order as this Court may deem fit to grant."

(3.) THE State of Pondicherry being a Union Territory, governed by Art.239 of the Constitution of India and being administered by the President of India through the Lieutenant Governor Pondi-Cherry, fall within the purview of, in respect of service matters, the Union Public Service Commission. Art.234 of the Constitution of India contemplates consultation with the Public Service; Commission before appointment of, Judicial Officers other than District Judges. Even though Art.234 of the Constitution of India" refers to State, it shall in principle apply to Union Territory also. In so far as the appointment of the 3rd respondent to the Pondicherry Judicial Service, the same had not been made after consultation with the Union Public Service Commission and hence his appointment is violative of Art.234 of the Constitution of India and is liable to be set aside, both in respect of Grade II and Grade appointments.