Supreme Court Dismisses Petition Against Collegium Decision
The Supreme Court on Monday refused to entertain a petition filed by Himachal Pradesh judicial officer Arvind Malhotra, who sought a direction for the High Court Collegium to reconsider his name for elevation as a high court judge. A bench comprising Justice BV Nagarathna and Justice Joymalya Bagchi heard the matter.
Senior counsel Balbir Singh, representing Malhotra, argued that the Supreme Court had in September 2024 directed the High Court Collegium to reconsider the names of the petitioner and another judge, but Malhotra's name was subsequently ignored. Malhotra, a Principal Judge of the Family Court in Dharamsala, Kangra district, was aggrieved that his juniors—Chirag Bhanu Singh, Bhupesh Sharma, and Yogesh Jaswal—were recommended for elevation to the Himachal Pradesh High Court instead.
Bench Cites Collegium Discretion and Secrecy
The bench told the senior advocate, "Merely because you are a senior (judicial officer) does not mean you will be recommended. Once Collegium discusses, we cannot intervene. There is secrecy involved also." The court emphasized that the petitioner could not challenge the High Court Collegium's decision after it had been approved and superseded by the Supreme Court Collegium.
Noting that the matter falls within the subjective satisfaction of the Collegium, the bench questioned whether it could be judicially examined. "Can, on the judicial side, the Supreme Court say to the collegium you do this, you do that, you consider his name? It can’t be done. It’s beyond the scope of the jurisdiction," the bench observed.
Advice to Await Future Vacancies
The bench advised Malhotra to exercise patience, noting that he has years of service left and that vacancies will arise in the future. "Please wait, let’s see what the (HC) collegium there will do. There may not be any rejection of your candidature… We don’t know if his name has been deferred or reconsidered. You have some patience and wait," the bench said.
When the petitioner sought to withdraw the petition, the bench disposed of the plea with liberty to approach the competent authority of the High Court on the administrative side or seek remedies on the judicial side.
Background of the Case
Malhotra moved the top court after the Supreme Court Collegium, led by Chief Justice of India Surya Kant, on June 2 recommended the elevation of three judicial officers for appointment as judges of the Himachal Pradesh High Court. The High Court has been functioning with only 12 judges against a sanctioned strength of 17, including the Chief Justice.
The bench reiterated that opening the Pandora's Box by enquiring into Collegium decisions at this stage was not advisable, reinforcing the principle of judicial restraint in such matters.
