'No Locus': Delhi High Court Dismisses With Cost Plea Seeking Reasons Behind SC Collegium Recommendations For High Court Judges Appointment

The Delhi High Court has dismissed a plea seeking details about the reason for recommendation for High Court judges appointment remitted by Collegium of the Supreme Court of India to the High Court Collegium.

Justice Subramonium Prasad rejected the plea moved by CA Rakesh Kumar Gupta and imposed Rs. 25,000 costs on him to be deposited with the Armed Forces Battle Casualties Welfare Fund.

The court said that the writ petition was a complete waste of judicial time and Kumar had no locus to maintain it.

“The averments made in the writ petition are extremely incoherent. This petition is purely a Publicity Interest Litigation,” the court said.

Kumar sought details about the norms or qualification considered for High Court Judge appointment by Supreme Court Collegium. He also sought publishing of monthly data related to pending, disposal of recommendation by the SC Collegium.

It was his case that last year, the rejection by the Apex Court of the recommendations made by the High Courts regarding elevation of judges to the High Courts was about 35.29%, whereas the same was only 4.38% in 2021.

Rejecting the plea, the court said that the only personal interest of Kumar in filing the plea was that he had a case pending in Rohini District Courts.

“This Court is at a loss to understand how the delay in disposal of his case in the District Court is any way connected to the reliefs sought in the instant writ petition. The Petitioner has not given any reason as to how he is a victim, and therefore, this Court is of the opinion that the present petition is only a Publicity Interest Litigation,” the court said.

It observed that the recommendations for elevation of a Judge of a High Court is made by the Collegium of the concerned High Court and such recommendations are considered by the SC Collegium.

The court further said that the results of the Collegium meeting are put up in the website of the Supreme Court.

“The requisite qualifications for being appointed as a Judge of the High Court are laid down under Article 217 of the Constitution of India and the Collegium of the Hon'ble Apex Court takes into consideration several factors before accepting the recommendations of the Collegium of the High Court. This Court cannot sit in appeal over the subjective satisfaction of the Collegium of the Hon'ble Apex Court,” it said.

Justice Prasad said if the costs imposed on Kumar are not paid by him, the same shall be recovered as arrears of land revenue.

Title: CA RAKESH KUMAR GUPTA v. SUPREME COURT OF INDIA THROUGH SECRETARY GENERAL

Citation: 2024 LiveLaw (Del) 655

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