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Former Amroha district judge Syed Waiz Mian will serve as a judge of Allahabad High Court with a tenure of only seven months, as the Centre cleared the decks for his appointment on Wednesday.
The Law and Justice Ministry’s notification, appointing Mian as an additional judge, comes nearly 15 months after Supreme Court collegium first recommended his name, along with three other candidates from Uttar Pradesh’s lower judiciary and eight lawyers, on February 4, 2021.
The Centre had returned names of all four lower judiciary candidates for reconsideration. On August 24 last year, the collegium reiterated three names: that of Om Prakash Tripathi, Umesh Chandra Sharma, and Mian. The other name — that of Anil Kumar Gupta — was left out, as the judge was four months short of turning 62.
Records say Justice Mian will turn 62, age of retirement for HC judges, on January 5 next year. This leaves him with a tenure of 211 days. If appointed earlier, he would have had a tenure of over 18 months.
The age of retirement for district judges is 60 years; HC and SC judges retire at 62 and 65, respectively.
While it is common for retired judges to be appointed, as the appointment process is usually protracted, short tenures impact efficacy of the process.
Justice Tripathi, until then district judge of Varanasi, took oath as HC judge in October last year, and Justice Sharma, former district judge of Etawah, took oath as HC judge this March. They are due to retire in July 2023 and December 2023, respectively.
On Wednesday, the Centre also appointed advocate Cheppudira Monnappa Poonacha as judge of Karnataka HC.
As of June 1, Allahabad HC has a strength of 94 judges, against its sanctioned strength of 160 judges.