M RADHAKRISHNAN Vs. UNION OF INDIA REP BY SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE

JUDGEMENT

(1.) This writ petition, by way of public interest, has been filed by an advocate practising in this Court challenging the appointment of the third respondent as Additional Judge of this Court and seeking a declaration that the appointment of the third respondent as Additional Judge of this Court with effect from 4.6.2018 is null and void.

(2.) At the very inception, the petitioner, appearing in person, has stated that he has no objection to the writ petition being taken up by this Bench presided by the Chief Justice, since the decision to recommend the third respondent for elevation as Judge was taken by a Collegium of which the present Chief Justice was not party and long before the present Chief Justice assumed office as a Judge of this Court.

(3.) The appointment and conditions of the office of a Judge of a High Court are governed by Article 217 of the Constitution of India. Article 217(2) of the Constitution of India provides: