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july 2009

Supreme Court of India · 2009-07-06

Mahesh Chandra Gupta, Advocate vs Union Of India & Ors

Citation / case number
AIRONLINE 2009 SC 200
Court
Supreme Court of India
Petitioner
Mahesh Chandra Gupta, Advocate
Respondent
Union Of India & Ors
Author
S.H. Kapadia
Bench
Aftab Alam, S.H. Kapadia

Judgment text excerpt

The Supreme Court examined the appointment of Dr. Satish Chandra as Additional Judge of the Allahabad High Court, determining whether it violated Article 217(1) and Article 217(2) of the Constitution of India. The Court held that the appointment process must adhere to the mandatory consultation requirements and that the lack of eligibility based on the requisite ten years of practice was a valid ground for challenge. The Court ultimately ruled that the appointment was unconstitutional due to non-compliance with the consultation process, leading to the quashing of the appointment.

Mahesh Chandra Gupta, Advocate vs Union Of India & Ors · Niyam