Supreme Court Collegium asks Gujarat High Court to reconsider proposal to elevate a lawyer as judge

The Supreme Court collegium on Tuesday asked the Gujarat High Court to reconsider its proposal to elevate advocate Tejal Vashi as judge of that High Court..The Collegium comprising the Chief Justice of India (CJI) DY Chandrachud, Justice Sanjiv Khanna and Justice BR Gavai remitted the proposal back to the High Court Chief Justice to be considered in future."On an overall consideration of the proposal, the Collegium is of the considered view that the proposal for elevation of Ms Tejal Vashi be remitted to the Chief Justice of the High Court for being re-considered with other eligible candidates in future. The Collegium resolves accordingly," the resolution said..The Chief Justice of the Gujarat High Court in consultation with his two senior-most colleagues had on December 22 recommended the name of advocate Vashi for appointment as judge.The Supreme Court Collegium noted that the Chief Minister and the Governor of the State of Gujarat had not conveyed their views on the said recommendation."The Department of Justice has forwarded the above recommendation by invoking para 14 of the Memorandum of Procedure which provides that if the comments of the State constitutional authorities are not received within the prescribed time-frame, it should be presumed by the Minister of Law and Justice that the Governor and the Chief Minister have nothing to add to the proposal and proceed accordingly," the resolution said..Following this, the Supreme Court Collegium had undertook its own exercise including assessment of merit and suitability of the candidate.The consultee-judges from Gujarat also expressed positive opinion about the suitability of the candidature of the lawyer, the Collegium noted.However, on the overall consideration of the proposal, the Collegium deemed it fit to remit the name of advocate Vashi to be reconsidered in future with other candidates..The Gujarat High Court which has a sanctioned strength of 52 is currently functioning with 29 judges, a vacancy position of 23..[Read Resolution]