AIR 1971 SUPREME COURT 1093 ::1971 (1) LabLJ 256 ::1971 3 SCR 483 ::1971 2 SCJ 501

Supreme Court Of India

(From Calcutta : (1967) 71 Cal WN 926)

Hon'ble Judge(s): J. C. Shah, S. M. Sikri, V. Bhargava, K. S. Hegde, A. N. Grover, I. D. Dua , JJJ

(A) Constitution of India , Art.132(1)— A single Judge of a High Court can grant a certificate under Article 132 (1) in very exceptional cases where direct appeal to Supreme Court is necessary and in view of grave importance of case an early decision is required in public interest. (Para 17) Where a single Judge of the High Court had granted a certificate under Article 132 (1) at the instance of the union of India who had not availed of its ordinary remedy by way of appeal under the Letters Patent and the respondent could not on the date of the impugned order of the President under Article 217 (3) be reinstated because he was on his own case more than 62 years of age, it was held that the certificate should not have been asked for or granted. The Supreme Court however did not think fit to vacate @page-SC1094 the certificate already granted .(Para 17) (B) Constitution of India , Art.217(3)— Where the president acting on the advice of Chief Justice of India expressly recorded that he accepted that advice that the age of concerned Judge should be determined according to a certain date of birth the decision is not open to challenge as not being his own decision. (l967) 71 CWN 926, Reversed. ....