540. Since neither before the referring bench nor in the pleading was any point raised as to the innovation and application of service jurisprudence to the induction into the higher judiciary, or to the concept of reasonable expectations, I do not feel obliged to even touch these questions. It needs also to be added that nothing ever was projected before us on these subjects as indicated. As stated in the outset we did not have the benefit of a discussion inter-se on which the desirability of going into these aspects may have been gone into. The majority has expressed views thereon without alerting counsel appearing and others concerned. A lot can be said against such views of the majority out for the present the comment be kept reserved. I would rather desist conviction on the subject and prefer to remain advised. So, in my view, on this aspect, the opinion is obitor. Consideration on these points was wholly unnecessary on the rigid terms of the reference. For such view I am with respect in disagreement with the majority.
541. On the question of justiciability of the Judge-strength, I have nothing useful to add.
542. While parting with this opinion, I join hands with my learned brethren in recording my sense of gratitude to the galaxy of men who addressed us at the bar in this venture, which could aptly be called a labour of love, and to have enlightened us on the subject with their professional skill, analysis and wisdom.
543. I agree to the disposal of the reference leaving however a note of skepticism - Was it worth it?
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