Supreme Court Reserves Judgment On Plea By District Judges Against HP High Court Collegium Ignoring Them For Elevation As HC Judges

The Bench of Justices Hrishikesh Roy and Prashant Kumar Misra had on May 13, issued notice to the Registrar General of the High Court directing to furnish a report on whether the High Court Collegium reconsidered these names in accordance with the Supreme Court Collegium's resolution of January 4.

During that hearing, Senior Advocate Mr Arvind P Datar, representing the District officers, highlighted that the judgements of the petitioners were not called for considering the suitability & eligibility of the judicial officers. This was despite the resolution of the Apex Court and the subsequent letter of the Ministry of Law.

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. In view of this, the notice was issued.

Following this, when the matter was taken up on July 15, the aforementioned report was submitted by the Registrar General. Subsequently, the Court also ordered for making available the Supreme Court Collegium's resolution to both the parties. Ultimately, after the hearing the parties, the Court reserved the judgment on August 06.

Brief Background

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. 

Their names were recommended for elevation to High Court Judgeship in December, 2022. The Supreme Court Collegium on 12.07.2023 however resolved to defer consideration for the two petitioners for the present with the observation that it will be taken up by the Collegium at an appropriate stage.

The Supreme Court thereafter on 04.01.2024 resolved that the proposal for elevation of the two petitioners be remitted to the Chief Justice of the Himachal Pradesh High Court for fresh recommendation by the High Court.

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.

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