A judicial officer from Himachal Pradesh has approached the Supreme Court challenging the recent recommendation made by the Supreme Court Collegium for the elevation of three judicial officers as judges of the Himachal Pradesh High Court, alleging that officers junior to him have been preferred despite his seniority and eligibility.
Filed by Arvind Malhotra, Principal Judge, Family Court, Dharamshala, the petition questioned the Collegium’s recommendation dated June 3, through which the names of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal were recommended for appointment as judges of the Himachal Pradesh High Court.
The matter was mentioned before the Bench of Chief Justice of India (CJI) Surya Kant and Justice V Mohana, seeking urgent listing. The counsel appearing for the petitioner submitted that Malhotra’s right to be fairly considered for elevation had been violated as the Collegium had recommended officers junior to him for appointment to the High Court.
It was argued that the recommendation process had overlooked the petitioner’s claim based on seniority and service record, resulting in prejudice to his candidature. The petitioner sought judicial scrutiny of the Collegium’s recommendation and raised grievances regarding the manner in which the selection process was undertaken. Taking note of the submissions, the CJI agreed to list the matter for consideration.
The challenge relates to the Collegium’s recommendation of three judicial officers for elevation to the Himachal Pradesh High Court. The petitioner contended that despite being senior in service, his case was not accorded due consideration, while the names of officers junior to him were forwarded to the Central Government for appointment.
The present petition is not the first challenge relating to judicial elevations from the Himachal Pradesh judicial service. In 2024, two district judges serving in the state had similarly approached the Apex Court, alleging that their merit and seniority had been overlooked by the High Court Collegium while recommending names for elevation to the High Court. In September 2024, the Supreme Court disposed of that matter by requesting the Chief Justice of the Himachal Pradesh High Court to reconsider their candidature.
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