SC Refuses To Interfere With Collegium Process for HC Judges
he petitioner had alleged that officers junior to him had been recommended for elevation to the Himachal Pradesh High Court.
New Delhi: The Supreme Court on Monday declined to entertain a petition filed by a judicial officer from Himachal Pradesh challenging the collegium process for appointment of High Court judges, observing that it would not interfere in such matters.
A bench of Justices B.V. Nagarathna and Joymalya Bagchi said, “We don't want to open a pandora's box with regard to the proceedings of the collegium.”
The petitioner had alleged that officers junior to him had been recommended for elevation to the Himachal Pradesh High Court.
The court observed that recommendations for judicial appointments are based on the subjective satisfaction of the collegium and cannot be directed on the judicial side. “Can on the judicial side, the Supreme Court say to the collegium you do this or you do that and you consider the name? It can't be done,” the bench said.
It also noted that seniority alone does not entitle a judicial officer to elevation.
The bench said there was nothing on record to indicate that the petitioner’s candidature had been rejected and advised him to wait. It added that his name may still be under consideration or could have been deferred.
Observing that the recommendations made by the high court collegium had already been approved by the Supreme Court collegium, the court said the petitioner could seek remedies before the competent authority on the administrative or judicial side of the high court.
Following the court’s observations, the petitioner sought to withdraw the plea with liberty to pursue appropriate remedies. The court disposed of the matter accordingly.
The Supreme Court collegium had on June 2 approved the appointment of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal as judges of the Himachal Pradesh High Court.
