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The hearing, which is scheduled to take place at 10 am, will be just 30 minutes before the "junior judge" is sworn in as the additional judge of Karnataka High Court
A two judge bench of Justices Deepak Gupta and Aniruddha Bose is scheduled to hear a plea by a principal district and sessions judge for quashing the Presidential order of April 30, appointing a "junior judge" as additional judge of the Karnataka High Court.
The hearing, which is scheduled to take place at 10 am, will be just 30 minutes before the "junior judge" is sworn in as the additional judge of the Karnataka High Court along with four other judicial officers.
On April 30, the Law Ministry issued the notification, appointing judicial officers Shivashankar Amarannavar, Smt M Ganeshaiah Uma, Vedavyasachar Srishananda, Hanchate Sanjeevkumar, and Padmaraj Nemachandra Desai as additional judges for a period of two years..
In the writ petition filed through Advocate Sanjay M Nuli, the principal district and sessions judge Sri Master RKGMM Mahaswamiji contended that the order passed to elevate Padmaraj Nemachandra Desai from district judiciary as additional judge of the High Court for a period of two years, was "arbitrary, unconstitutional and unlawful".
The plea further states that the proposal to elevate the junior judge was in "total disregard of existing binding executive instructions".
The principal district and sessions jugde has contended that his candidature was ignored and not taken into consideration for promotion or elevation, along with his batch mates. The judge has further stated that his service record has no adverse remarks.
The petitioner claims that apart from Padmaraj Nemachandra Desai, the four other officers who were elevated, are either batch mates or senior to the petitioner.
The plea states that this case is one of a judge being superseded by a junior judge
It is a case of superseding/passing over of a senior District judge (who was appointed on 25.02.2008 under reserve category ie., Schedule caste) by junior district judge and recommendation of Padmaraj Desai by the Hon'ble collegium of Karnataka High Court is unlawful, arbitrary, and in clear violation of statutory rules / administrative instructions contained in the official memorandum dated 09.10.1985 and involved bias of malajide and it is clearly violated the functional rights guaranteed to the Petitioner under Articles 14 and 16 of the Indian Constitution
reads the petition