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january 1975

Supreme Court of India · 1975-01-24

HIGH COURT OF PUNJAB & HARYANA ETC. vs STATE OF HARYANA & ORS. ETC.

Citation / case number
SC 1974/60312
Court
Supreme Court of India
Petitioner
HIGH COURT OF PUNJAB & HARYANA ETC.
Respondent
STATE OF HARYANA & ORS. ETC.
Bench
RAY, A.N. (CJ),KHANNA, HANS RAJ,MATHEW, KUTTYIL KURIEN,BEG, M. HAMEEDULLAH,CHANDRACHUD, Y.V.

Judgment text excerpt

The Supreme Court examined the validity of the Punjab Superior Judicial Service Rules, 1963, particularly Rule 10 concerning the promotion and confirmation of District Judges. The Court held that the Governor's power to confirm appointments under Article 235 of the Constitution of India is valid, and that the High Court's role in the confirmation process is essential but does not negate the Governor's authority. The Court concluded that the Government's refusal to recognize the High Court's confirmation of Rao as District and Sessions Judge was legally untenable, thereby upholding the High Court's decision.

HIGH COURT OF PUNJAB & HARYANA ETC. vs STATE OF HARYANA & ORS. ETC. · Niyam