During the hearing, the bench told senior advocate Raju Ramachandran, appearing for the petitioners, that there is a difference between eligibility and suitability. On this, Ramachandran referred to Article-217 of the Constitution, which deals with the appointment and conditions of office of a High Court judge. He argued that a person who does not conform to the ideals and basic principles of the Constitution is unfit to take the oath because the oath speaks of true faith and allegiance to the Constitution. The bench said that the petitioners have placed some material on record and these things should also be placed before the Collegium, which recommended Gauri’s name as a High Court judge. The bench said, when the collegium takes a decision, it also takes the opinion of the advisory judges of the concerned High Court and you cannot say that the judges of the concerned High Court are not aware of all these things. The top court said that Gauri is appointed as an additional judge of the High Court.