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Malay Jain (Petitioner In Person) vs The High Court Of Chhattisgarh on 11 November, 2022 cites

Mani Subrat Jain Etc vs State Of Haryana And Ors on 9 December, 1976

In Mani Subrat Jain & others (supra), the facts were to the effect that the High Court had obtained approval of the State Government before inviting applications from eligible members of the Bar to fill up the vacancies in the quota of direct recruits from the Bar on previous occasions. However, without obtaining approval of the Government, the High Court invited applications from the eligible members of the Bar to fill 34 up vacancies in the Haryana Superior Judicial Service. Subsequent thereto, the High Court called for interview and thereafter recommended names of the appellants to the Government for appointment as District & Sessions Judges. The said recommendations were rejected and thereafter, the recommended candidates challenged the order of rejection and asked for a writ of mandamus. In the context of initial appointment of District Judges under Article 233, it was held that the same was within the exclusive jurisdiction of the Government after consultation with the High Court. It was in that context held that the Governor is not bound to act on the advice of the High Court. Evidently, there was no consultation between the Government and the High Court. Present is not a case where there is any requirement under the unamended Rules of 2015 for any consultation unlike the requirement of consultation by the Government of the State with the High Court for District Judges, and therefore, the said judgment is not applicable in the facts and circumstances of this case.
Supreme Court of India Cites 6 - Cited by 527 - A N Ray - Full Document
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