Judicial officers approach SC against non-recommendation of their names by Collegium for appointment as HC Judges

Seven Judicial Officers from Uttar Pradesh have approached the Apex Court against non-recommendation of their names by the Supreme Court collegium for appointment as Judges of the High Court of Allahabad.

On Wednesday, a Bench of CJI SA Bobde issued notice to the Secretary-General of the Top Court and the Ministry of Law & Justice & sought their response in 4 weeks.

The 7 Judges have challenged non-recommendation of their name by the Collegium on Aug 14, 2020 for appointment as HC Judges.

They sought direction upon the Collegium to reconsider their cases for elevation.

During the hearing, the Chief Justice said that he has never seen Judges coming to the Court asking to appoint them as HC Judge.

"This is something very new, we have never seen judges coming to court & saying appoint me as High Court judge. We find it very improper. We have never heard such thing," the Chief Justice said but agreed to hear the plea & asked Secretary-General of Supreme Court & Law ministry to respond in 4 weeks.

Filing the petition, the judicial officers have said that whereas the HC Collegium had recommended their names for elevation, the Supreme Court Collegium has proposed to elevate only District & Sessions Judge Subhash Chand.

They urged the Supreme Court to reconsider their matter for their elevation to the HC & said that they are of the same batch of District & Sessions Judge Subhash Chand & were substantially appointed with him with effect from Jan 1, 2007.
Significantly, 2 of the aggrieved judicial officers had retired in 2019.

"There is no nexus to the object sought to be achieved by introducing the age restriction in regard to recommendation for appointment as High Court Judge from the judicial service cadre & it is also not mandatory, as several times so many judicial officers have been appointed as Jugde of various High Courts even after their retirement," they said.

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