V G ROW Vs. N KRISHNASWAMI REDDY

JUDGEMENT

(1.) THIS petition is filed for the issue of a writ in the nature of quo warrant against the first respondent, calling upon him to furnish information under what authority he holds the Public office of a Judge of the High Court of Judicature at Madras, after calling for the records from the second and third respondents.

(2.) THE first respondent was appointed as a permanent Judge of this High Court on 8th July 1966 and he assumed office on the same date. He was enrolled as an advocate of this Court on 11-12-1939. It is stated that he elected to practise in the subordinate courts at Chingleput till December 1960, when he was appointed as Public Prosecutor, Madras High Court. He was appointed Advocate General in 1964, which office he held till his appointment as a High Court Judge. According to the petitioner on the date of his appointment as High Court Judge, the first respondent had only five years and 7 months practiced in the High Court. The facts stated may be taken as correct, for the purpose of this petition. The appointment is challenged on the ground that the first respondent does not satisfy the qualification of being an advocate of a High court for at least ten years before the date of his appointment. The validity of the appointment is also attacked on the ground that the appointment was not made in accordance with the letter and spirit of the Constitution, and that the State Government committed fraud on the constitution by conferring on the first respondent a preferment.

(3.) THE relevant portion of Article 217 of the Constitution of India may be extracted:-