TIOL-DDT 2316 · Wednesday, 19 March 2014 · story 3 of 3

Make Me a Judge - Writ Petition before High Court

THE Writ Petitioner before the Madras High Court in a recent case submitted:

1. That he enrolled himself as an Advocate on 11.11.1987 and practised for more than 18 years in this Court;

2. That he served as a Notary Public for five years;

3. That on 31.10.2005 he was appointed as President of the District Consumer Disputes Redressal Forum at Madurai and served as such for five years, that was upto 30.10.2010 and thus he held the post equal to the cadre of regular District Judge;

4. That he rendered 700 judgments and also done some social reforms;

5. That he possesses academic qualifications of MA, M.Phil, B.L., and (Ph.D);

6. That he belongs to Arunthathiyar (SC) community; and

7. That no representation for the said community has been given so far.

Petitioner further claims to have given his Bio-Data to some of the Hon'ble Judges and sought for a direction to consider his name for the post of Judge of the Madras High Court in the alleged one remaining vacancy.

The High Court observed that though the petitioner argued factually, he has not chosen to submit any legal submission for issuing such a direction, particularly deprivation of any enforceable right.

The High Court held: Merely because the petitioner has submitted his Bio-data to some of the Hon'ble Judges, he cannot compel the Collegium of this Court or any other authority to consider his name for elevation as Judge of this Court, as there is no enforceable right available to the petitioner. Hence petitioner's prayer to consider his name for inclusion in the list, in the remaining one vacancy of Judge of Madras High Court, is not maintainable.