2 District Judges Question HC Collegium For Not Recommending Their Elevation; Supreme Court Seeks Report From HP HC

The Supreme Court today (May 13) issued notice to the Registrar General of the Himachal Pradesh High Court directing to furnish a report on whether the High Court Collegium reconsidered the names of two senior most District Judicial Officers in accordance with the Supreme Court Collegium's recommendation of January 4. 

The petition has been filed by two senior district judges Mr Chirag Bhanu Singh and Mr Arvind Malhotra, contending that the Himachal Pradesh High Court collegium has ignored their merit and seniority and also overlooked the CJI Dy Chandrachud led Supreme Court collegium's recommendation of their names for elevation to the High Court from the service quota.

The Bench of Justice Hrishikesh Roy and Justice Prashant Kumar Misra while dictating the order of issuing notice also noted the main grievances of the petitioner as follows :  

" Mr Arvind Datar would submit that the Himachal Pradesh High Court collegium on 23.4.2024 has recommended the names of two judicial officers for elevation as High Court judges without first considering the recommendation of the Supreme Court Collegium and the letter of the Law Ministry for reconsideration of the two petitioners. It is reiterated that the two petitioners are the senior most judicial officers and if the recently accommodated judicial officers are considered for elevation, it would cause serious prejudice to the expectations of the petitioners who have an unblemished service record as judicial officers. 

Noticing the contention by the two petitioners, at this stage notice be issued to the Registrar General of the Himachal Pradesh High Court so that appropriate information can be given to this court on whether the High Court collegium had reconsidered the cases of the petitioners pursuant to the Supreme Court's Resolution dated 4.1.2024 and the Law Minister's communication dated 16.1.2024." 

Senior Advocate Mr Arvind P Datar appearing on behalf of the petitioners highlighted that the judgements of the petitioners were not called for considering the suitability & eligibility of the judicial officers despite the Resolution of the Apex Court and the subsequent letter of the Ministry. 

"They have recommended the names of the officers much junior to me. I have got an unblemished service record. In light of the directions of the Hon'ble Supreme Court Collegium and the request by the Hon'ble Law Ministry these names should be considered for elevation when you issue fresh consideration for elevation.....what they say is (Resolution of January 4) please consider their names afresh, they are not even being considered." 

Justice Roy however was of the view it is initially important to first get a complete view of the matter in terms of the facts and what the High Court Collegium pondered upon.

" At the first instance let us try to find out whether at all the matter was processed on this letter referred to at page 11, whether it was part of the attention of the Chief Justice (of High Court) and the collegium there." 

Mr Datar then suggested that a notice could be issued to the Registrar General of the High Court to submit a report on the above aspect. 

The specific relief sought by the district judges of Bilaspur and Solan, Mr Chirag Bhanu Singh and Mr Arvind Malhotra in their writ petition is a direction to the High Court to consider their names as per the Supreme Court Collegium's Resolution dated January 4. The judicial officers further pray for a stay on the process of consideration of names by the High Court Collegium till the time the Apex Court resolves the issue. It may be noted that the January 4 Resolution for reconsideration of the petitioners came after the Supreme Court Collegium deferred the names of petitioners on July 12, 2023. 

" The process adopted by the High Court Collegium stands procedurally & substantially vitiated & is contrary to established constitutional convention. The action of High Court Chief Justice & the collegium is thus liable to be set aside." 

Additionally, it is pointed out by the petitioners that after the said Supreme Court resolution, the Union Minister of Law and Justice also sent a communication dated January 16, 2024 requesting the names of the petitioners to be reconsidered by the High Court collegium. The petitioners are aggrieved by the High Court Collegium's non-consideration of their names for elevation and alternatively considering the names of the judicial officers junior to the said petitioners. 

The matter will now be heard on July 15. 

Case Details : CHIRAG BHANU SINGH VS. THE STATE OF HIMACHAL PRADESH W.P.(C) No. 000312 - / 2024 

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