The top court rejected the contention that common lawyers with no judicial backup or poor background are not considered for appointment as judges in the higher judiciary.
"It is to be clarified that not everyone can be considered. There are even first generation judges from poor background (have been appointed)," a bench of Justices Adarsh Kumar Goel and U U Lalit said.
The bench was hearing a plea filed by advocate R P Luthra challenging the appointment of judges in the higher judiciary on the ground that the Memorandum of Procedure (MOP) as mandated by apex court in its verdict passed in 2015, has not been finalised.
"We can't accomodate everyone. This is not possible. The argument that first generation lawyers and those from poor backgrounds are not considered, is wrong," it said.
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Luthra said his argument was that in the MOP a mechanism should be devised that lawyers even from humble backgrounds are considered for appointment as judges in higher judiciary.
"They (first generation lawyers from poor backgrounds) are not at all considered in the first place. Every advocate should get chance. The MOP should have some mechanism," Luthra said.
It issued notice to Attorney General K K Venugopal returnable by November 14 and appointed senior advocate K V Viswanathan as amicus curiae to assist in the matter.