The Supreme Court on Friday directed the Himachal Pradesh High Court to reconsider the candidature of two District Judges, who were earlier rejected by the High Court Collegium, for elevation as judges to the High Court.
The Bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra allowed the petition filed by District Judges Chirag Bhanu Singh and Arvind Malhotra on the grounds that the procedure for the reconsideration of the petitioners’ names was found to be inconsistent with the Second Judges case.
There was no collective discussion and deliberations. It appeared to be a decision of the Chief Justice alone. The High Court collegium has to deliberate collectively, noted the Bench.
It directed the High Court Collegium to reconsider the case in view of a resolution passed by the Supreme Court Collegium on January 4, which asked the High Court to consider the names of the petitioners.
The judges moved the Apex Court alleging that the High Court Collegium overlooked their merit & seniority and superseded them to recommend other judges for elevation as High Court judges.
The two senior-most district judges in the State sought an interim stay of the concerned resolution of the High Court Collegium.
They submitted that the HC Collegium overlooked their names despite a January 4 Supreme Court Collegium resolution to consider their elevation to the High Court, coupled with a Union Law Ministry endorsement.
Earlier on May 13, the Apex Court sought a response from the Registrar General of the High Court in the matter. The top court of the country orally stated that it was necessary to know whether the petitioners’ names were processed by the High Court Collegium.
Senior Advocate Arvind Datar, along with Advocates Bina Madhavan, S Udaya Kumar Sagar, Shreyasi Kunwar, Shubhangi Arora, Niharika Tanneru, briefed by a team from Lawyer S Knit & Co, appeared for the judges.
The Himachal Pradesh High Court was represented by Senior Advocates Dr. S Muralidhar and K Parameshwar, along with Advocates Kanti, Shreenivas Patil, Chitransha Singh Sikarwar and Raji Gururaj.
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