Jaising in her petition submitted that the process of designation is a selection of those who are worthy of designation and such merit is not be decided on the basis of the Full Court vote, since this is not an election to an office.
The 2017 judgment of this Supreme Court made it clear that voting was to be resorted to only if unavoidable, she contended.
Jaising argued in the plea that when every candidate was put to vote and that too by secret ballot with no discussion, “it is obvious that the decision to designate is not based on the merit of the candidate but on the personal preferences of the judges who vote in favour of or against a candidate.”
“If voting is the decisive factor as it seems to be, the marking system as laid down in the above-mentioned objective criteria table becomes of no consequence. This is evident from the following chart which indicated that even those who obtained the cut off marks did not get the requisite number of votes and hence were not designated by the Hon’ble High Court of Delhi,” the application stated.
Source: Barandbench
