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The Karnataka High Court dismissed a writ petition for recruitment by collegium system which means appointing and recruiting supreme court judges through public advertisements and notification.
While doing so,Justice BV Nagarathna gave more importance to the fact that the judicial officer is a constitutional position and cannot be equated with ordinary state services in matters of appointment.
“,,,, the Office of a Judge of the High Court or Supreme Court is a constitutional position or Office and not a post in the service of the State. Having regard to the scheme of the Constitution and Constitutional Jurisprudence…
...the Office of a Judge of Superior Judiciary (High Court and Supreme Court) is not a post to be filled by recruitment or by way of promotion as is the practice visa-a-vis a service under the State. The said invitations are extended to able and competent men and women based on merit irrespective of their class, caste, religion, place of birth or their family background or the professions their parents pursued or pursue…”he stated.
The petition was filed by two advocates –Aravinda Kamath Puttur and VL Jagadish and one who identified himself as “common man”named Prasanth Murthy.They basically demanded the appointment of judges by inviting applications through advertisement/notification.They also suggested references should be taken from bar members,Stakeholders,Retired judges and Political parties and further claimed denial of opportunities to first generation lawyers.
The court noted that the petition was filed private interest and not in public interest even though the counsel representing the petitioners ,Advocate Mathews Nedumpara had expressly stated that the two petitioners are eligible to be considered for appointment as judges. It also dismissed the “common man” petition emphasizing that he had no locus standi to approach the court in the matter as he was not eligible to be appointed as a judge.
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