SC rejects the challenge of the Dalit district judge to the appointment of judge of Karnataka HC
NEW DELHI: Just 30 minutes before swearing in a new additional Judge, the Supreme Court Monday dealt with hearing a petition filed by a district and Dalit judge challenging the appointment of Judge HC on the grounds that it violated the seniority rule of the cardinal.
The district and session judge of Shivamogga district, RKGMM Mahaswamiji, in his petition filed through attorney Sanjay Nuli, stated that he was among the most important district judges in the state and that the highest court college led by the Chief Justice made a serious mistake by ignoring seniority. and to recommend N Desai, who was a minor to him, for his appointment as additional HC judge.
A hastily constituted bank of judges Deepak Gupta heard the arguments via video conference and dismissed it saying that a petition filed at the eleventh hour for the appointment of an HC judge cannot be entertaining. He also said that he rarely entered into the correction of presidential orders to appoint judges to constitutional courts. Entertaining the petition would have been embarrassing for the SC itself since the final recommendation for the appointments of the HC judges to the President is made by the SC college comprising the CJI and the next two most important judges.
Mahaswamiji in his petition said that he was a direct recruit for the position of district judge in the scheduled caste category in 2008. He stated that he had been continuously victimized by the High Court in promotion of grant matters and that he had been replaced even earlier by the HC cited the case of a minor's promotion to the position of district judge in 2015 while continuing as an additional district judge.
However, with Judges Gupta and Bose's SC bench dismissing the challenge minutes before 10:30 a.m., the oath of five new judges at HC continued as scheduled.