T DEEN DAYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) (Judgment for the Bench Delivered by ) This is a Writ petition filed by Sri T. Deen Dayal as Party - In person, seeking the issue of a Writ of Mandamus directing the respondents, viz., (i) The Union of India (ii) The State of Andhra Pradesh (iii) The Chief Justice of India, New Delhi, and (iv) The Chief Justice, High Court of Andhra Pradesh Hyderabad to appoint five Judges from among the Scheduled Casts, two Judges from among the Scheduled Tribes, and Eight Judges from among the Backward Classes, to the High Court of Andhra Pradesh.

(2.) The petitioner, who appears in person, submits that he is not claiming that there is any reservation in favour of the above classes for appointment as High Court Judges, he, however, submits that the former Union Law Minister, Dr. Subramanian Swamy is reported to have made a statement (vide report dated 22nd February, 1991, and published in the 'Indian Express' daily, Hyderabad Edition dated 23rd February, 1991) in Parliament to the effect that in the Andhra Pradesh High court, there are no Judges from the two classes, viz., Scheduled Castes and Scheduled Tribes though there are three Judges from among the Backward Classes. The petitioner submits that such a statement regarding the facts as to the composition of the Judges in the Andhra Pradesh High Court, would not have been made unless it was the intention of the Union Government that there should invariably be members from the above said classes appointed as Judges of any High Court. According to the petitioner, the requirement of appointment of Judges from the above said three classes is by way of implication from the above said statement of the Law Minister. The petitioner also made reference to Articles 335,124 (5), 32 (3) and 73 and Entry-77 of Schedule VII of the Constitution of India for contending that the Union Executive can lay down such a policy requiring appointment of Judges from the above said classes.

(3.) In our view, while there is no reservation to the offices of Judges of High Courts made in the Constitution, the policy to appoint Judges from the above said classes cannot also be spelled out from the mere statement of the Union Law Minister in Parliament that there are no Judges from the above said classes among the Judges in the Andhra Pradesh High Court The petitioner has not relied upon any other policy statement or circular or letter of the Government of India. We may point out that even with regard to a circular issued by the Union Government regarding appointment of Judges from the above said categories, the Kerala High Court in All Kerala Poor Aid Legal Association, Trivendrum vs. Chief Justice of Kerala, AIR 1990 Kerala 241 has taken the view that the exercise of power under Constitution of India by the President in consultation with the Chief Justice of India, the Governor of the State and the Chief Justice of the High Court, is not subject to Judicial Review. The learned Judge held: