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On the same day, the Collegium had also recommended that the additional judge be made a permanent High Court judge.
The Supreme Court Collegium has recommended the transfer of Justice Subramonium Prasad from the Madras High Court to the Delhi High Court.
A Collegium statement issued to this effect states,
Interestingly, his appointment as a High Court judge was challenged shortly after he was sworn in, on the ground that he had not practiced as an advocate in the Madras High Court or courts subordinate to it in Tamil Nadu for the requisite minimum period of ten years.
A Division Bench of the Madras High Court comprising of then Chief Justice Indira Banerjee and Justice PT Asha, however, dismissed the challenge, finding that there was no violation of the eligibility criteria under Article 217 of the Constitution to call for the Court’s intervention.
The Bench added that it cannot sit in appeal over the decisions of the High Court and Supreme Court Collegium on the question of whether Justice Subramonium Prasad is suitable for appointment.
[Read the Collegium Statement regarding the proposed transfer]