Two HP Judges Question HC Collegium Picks for Judgeship, SC Issues Notice

The petitioner district and sessions judges in Himachal Pradesh, in plea before the apex court, questioned the selection process of the judicial officers by the high court collegiums for elevation to as high court judges. Senior advocate Arvind Datar, representing the two judges, contended his clients would be prejudiced if the recently accommodated judicial officers are considered for elevation.

New Delhi :The Supreme Court on Monday sought a response from the registrar general of the Himachal Pradesh High Court on a plea of two senior most district and sessions judges, who have moved the apex court claiming that their seniority and merit were not considered by the high court collegium in selection of names for judgeship.

Senior advocate Arvind Datar, representing the two judges, contended before a bench led by Justice Hrishikesh Roy that under the in-service quota the judicial officers, who are junior to his clients, were recommended for the judgeship of the high court.

Datar cited a collegium resolution issued by the apex court on January 4, 2024 and the subsequent communication of the Union Ministry of Law and Justice to the Himachal Pradesh High Court. Against this backdrop, he pressed that, as per these, the names of the petitioner judicial officers should have been considered by the high court collegium.

Datar argued before the bench that his clients’ judgments were not called for considering the suitability and the petitioners having an unblemished service record and that they are the senior most judicial officers. The counsel stressed that his clients would be prejudiced if the recently accommodated judicial officers are considered for elevation.

The bench observed that it is important to examine the matter in terms of the facts and also the information examined by the high court collegium. The bench, also comprising Justice Prashant Kumar Mishra, after considering Datar’s arguments issued notice on the plea and scheduled the matter for further hearing in July.

The petitioners have questioned the selection process of the judicial officers by the high court collegiums for elevation to as high court judges. The plea further argued that their merit and seniority were ignored despite the issue being specifically referred to in the apex court collegium's resolution.

The petition was filed by Chirag Bhanu Singh and Arvind Malhotra, who are presently serving as the district and sessions judges at Bilaspur and Solan, respectively in the state.