Wednesday, Oct 22, 2014

Supreme Court junks petition against Madras HC judges’ list

Supreme Court apparently has dismissed the petition on the ground of maintainability. Supreme Court apparently has dismissed the petition on the ground of maintainability.
Written by Utkarsh Anand | New Delhi | Posted: March 5, 2014 12:07 pm

The Supreme Court on Wednesday dismissed a petition by lawyers against the selection of 12 persons for appointment as judges to the Madras High Court.

A bench led by Justice B S Chauhan held that the lawyers could not challenge the suitability of the candidates at the stage of recommendation made by the chief justice of a high court for appointment of judges.

“We have perused all the documents and taken note of all the arguments. Nobody can challenge the suitability of the candidates. Therefore, we are dismissing the petition,” said the bench while delivering its verdict.

The court apparently has dismissed the petition on the ground of maintainability, saying a writ petition would not lie against a selection list of judges on the contention of suitability of the candidates.

A bunch of lawyers from Madras High Court had challenged the selection of 12 names — 10 from the Bar and two from subordinate judiciary — for appointment of judges to the High Court.

Later, the Supreme Court collegium had returned the list to the Union Law Ministry for sending it back to the High Court for consideration afresh.

Although the lawyers subsequently sought to withdraw their petition in the Supreme Court, the bench refused to allow it and decided the matter on merits.

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