The Supreme Court on Monday rejected a petition filed by a district judge challenging the appointment of a ‘junior’ judicial officer as an additional judge of the Karnataka High Court on the ground that it breaches the seniority rule.
The court dismissed the plea just half an hour before the swearing-in of Padmaraj N Desai.
A Bench of Justice Deepak Gupta and Justice Aniruddha Bose said it generally does not interfere with the President’s order on appointment of judges at the 11th hour.
In his plea, Shivamogga Principal District Judge RKGMM Mahaswamiji said: It is a case of superseding/passing over of a senior District judge (who was appointed on February 25, 2008, under reserve category ie., Scheduled Caste) by junior district judge and recommendation of Respondent No. 11 (P N Desai) by the collegium of Karnataka High Court is unlawful, arbitrary and in clear violation of statutory rules / administrative instructions contained in the official memorandum dated October 9, 1985, and involved bias of malafide and it clearly violated the functional rights guaranteed to the petitioner under Articles 14 and 16 of the Indian Constitution.”