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october 1969

Supreme Court of India · 1969-10-07

CHANDRAMOULESHWAR PRASAD vs PATNA HIGH COURT & ORS.

Citation / case number
SC 1968/60017
Court
Supreme Court of India
Petitioner
CHANDRAMOULESHWAR PRASAD
Respondent
PATNA HIGH COURT & ORS.
Author
HIDAYATULLAH, M. (),SIKRI, S.M.,MITTER, G.K.,RAY, A.N.,REDDY, P. JAGANMOHAN
Bench
HIDAYATULLAH, M. (CJ),SIKRI, S.M.,MITTER, G.K.,RAY, A.N.,REDDY, P. JAGANMOHAN

Judgment text excerpt

The Supreme Court held that the gradation list of Additional District Judges prepared by the High Court has no legal basis under the Bihar Superior Judicial Service Rules, and seniority must be determined at the time of confirmation. The Court ruled that the Government's appointment of the petitioner as District Judge was invalid as it did not comply with Article 233 of the Constitution, which mandates consultation with the High Court for such appointments. Consequently, the High Court's order was quashed, affirming the necessity of proper procedure in judicial appointments.

CHANDRAMOULESHWAR PRASAD vs PATNA HIGH COURT & ORS. · Niyam