[Judges' Appointment] No Reason To Assume That Collegium Isn't Mindful Of Its Duty: Uttarakhand High Court

Dealing with a Public Interest Litigation (PIL) plea pertaining to the appointment of judges in the HC as per the sanctioned strength, the Uttarakhand High Court recently observed that it is the Job of the HC Collegium to make the recommendations and that there is no reason to assume that the collegium is not mindful of its duty, or that it would not perform its duty, as and when the occasion arises.

The bench of Chief Justice Vipin Sanghi and Justice Manoj K. Tiwari was essentially dealing with the PIL plea filed by the Youth Bar Association of India (Regd.) and another seeking certain directions including direction to the respondents including the UOI to appoint judges in this Hon'ble High Court as per the sanctioned strength.

The plea had also prayed for a direction from the Court that the HC Judges who are on the verge of their retirement, may not be relieved subject to their consent until fresh elevation/appointment of Judges in the High Court are done.

So far as the direction to consider the raising of the age of retirement of judges was concerned, the Court noted that it is an aspect that falls for consideration of the Parliament and the Court has no role to play in this regard.

Against this backdrop, finding that the directions sought by the petitioners in the Writ Petition were uncalled for, the Court dismissed the PIL Plea.

Citation: 2022 LiveLaw (Utt) 39