A. PANDURANGA RAO vs STATE OF ANDHRA PRADESH & ORS. Supreme Court, 02-09-1975

CourtSupreme Court (India)
JudgeUNTWALIA,N.L.
Parties A. PANDURANGA RAOSTATE OF ANDHRA PRADESH & ORS.
Docket NumberAppeal Civil 2059 of 1974
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6
PETITIONER:
A. PANDURANGA RAO
Vs.
RESPONDENT:
STATE OF ANDHRA PRADESH & ORS.
DATE OF JUDGMENT02/09/1975
BENCH:
UNTWALIA, N.L.
BENCH:
UNTWALIA, N.L.
ALAGIRISWAMI, A.
GOSWAMI, P.K.
CITATION:
1975 AIR 1922 1976 SCR (1) 620
1975 SCC (4) 709
CITATOR INFO :
RF 1977 SC 276 (11,15)
R 1980 SC1426 (13)
R 1987 SC 331 (19,24,25)
ACT:
Constitution of India-Art. 233(2)-Scope of.
HEADNOTE:
Under Article 233(2) of the Constitution a person not
already in service of the Union or of the State shall only
be eligible to be appointed a District Judge, if he has been
for not less than 7 years an advocate or pleader and is
recommended by the High Court for appointment.
After interviewing a large number of candidates to fill
six posts of District Judges the High Court recommended six
persons as the most suitable candidates from among the
applicants. The appellant was one of’ them. This
recommendation having leaked out, the Government requested
the High Court to send a list of persons whom the High Court
considered to have reasonable claims to the appointment.
’The High Court sent the entire list of the candidates
interviewed by it with the marks obtained by them, but
without offering any remarks. Treating the entire list of
candidates sent by the High Court as candidates recommended
by it in the order of merit, respondents 3 to 6 were
selected, in addition to two candidates earlier recommended
by the High Court. The appellant’s name did not find place
in the final list. He, therefore moved the High Court
contending that respondents 3 to 6 were appointed in
violation of the provisions contained in Art. 233. The High
Court dismissed the petition holding that the entire list of
the candidates should be taken as recommended by the High
Court.
Allowing the appeal to this Court,
^
HELD :In the case of appointment of District Judges
from the Bar it is not open to the Government to choose a
candidate for appointment unless and until this name is
recommended by the High Court. The word ’recommend’ means
"suggest as rut for employment."
(2) ’The Government was not bound to accept all the

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