Supreme Court · 2009 INSC 867 · Decided 6 July 2009
Mahesh Chandra Gupta v. Union of India & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 867 · [2009] 10 S.C.R. 921
- Case number
- TRANSFERRED CASE (CIVIL) No. 6/2009
- Decided
- 6 July 2009
- Bench
- S.H. KAPADIA, AFTAB ALAM (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 124, 217, 217(2)(b)
Headnote
CONSTITUTION OF /NOIA, 1950: A B Articles 217(1), 217(2)(a}, (b), Explanation (aa) and c Article 226 rlw Article 139-A - Appointment of Judge of High Court - 'Eligibility' and 'suitability' - Justiciability of - HELD: Process of judging the fitness of a person to be appointed a High Court Judge the realm of 'suitability' under Article 217(1 }, whereas the 0 'eligibility qualification' falls under Article 217(2) - Articles 217(1) and 217(2) operate in different spheres - 'Eligibility' is a matter of fact whereas 'suitability' is a matter of opinion - 'Eligibility' is an objective factor,
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)