Supreme Court Dismisses Kerala District Judges' Plea Against HC Collegium Not Considering Their Elevation To HC

The Supreme Court on Monday (September 2) refused to entertain a writ petition filed by two District Judges from Kerala against the Kerala High Court collegium not considering their names for elevation as judges of the High Court.

A bench comprising Justices Hrishikesh Roy and SVN Bhatti expressed displeasure at the petition filed by District Judges PP Saidalavi and KT Nizar Ahamad.

"What kind of petition is this? The senior officer not being considered by the High Court collegium... you will come here and enforce?," Justice Roy asked.

When the petitioner's counsel submitted that the Supreme Court had recently heard a similar petition filed by two District Judges from Himachal Pradesh, the bench said that it was a case where the Supreme Court Collegium itself had asked the High Court Collegium to consider the names of the petitioners in that case.

With the bench expressing disinclination to entertain the matter, the petitioners' counsel chose to withdraw the petition. Though the counsel sought for liberty. to pursue other remedies, the bench refused to grant any such liberty.

"We have allowed you to withdraw we are not giving liberty. Otherwise, take an order of dismissal," Justice Roy said. The petition was then dismissed as withdrawn.

The petitioners contend that while their names were excluded from consideration,the Kerala HC collegium recommended candidates who were not eligible to be considered as HC judges on the date the vacancies arose. They emphasised that they are not seeking appointment to the High Court as a matter of right but are calling for equality and fairness of opportunities.

Recently, the Supreme Court had reserved judgment on a petition filed by District Judges from Himachal Pradesh against their exclusion from elevation.

Case Title : W.P.(C) No. 547/2024 Diary No. 38923 / 2024 SAIDALAVI P.P. Vs HIGH COURT KERALA AT ERNAKULAM