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.