Won't open Pandora's Box: Supreme Court on HP judge's challenge to Collegium recommendations

The Supreme Court on Monday declined to entertain a petition filed by a Himachal Pradesh judicial officer who sought the consideration of his name by the High Court Collegium for appointment as a High Court judge.

Arvind Malhotra, a Principal Judge serving at a family court in Dharamshala had moved the top court last week after the Supreme Court Collegium's recent recommendation for the elevation of three judges to the Himachal Pradesh High Court. He alleged that officers junior to him had been recommended for appointment.

On June 3, the Supreme Court Collegium had recommended the names of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal for elevation to the Himachal Pradesh High Court.

Hearing Malhotra's plea, a Bench of Justice BV Nagarathna and Justice Joymalya Bagchi today observed that mere seniority does not entitle a judicial officer to elevation. 

"Merely because you are a senior does not mean you will be recommended. Once collegium discusses, we cannot intervene. There is secrecy involved also," the Bench said.

It also noted that there was no rejection of Malhotra's candidature as such. Further, the Court said that elevations to the High Court involve subjective satisfaction of the collegium and that it cannot pass any order for reconsideration.

"Can Supreme Court on judicial side ask them (collegium) look into this and look into that? If this happens then where are we heading?" it remarked.

The Court added that there may be nothing adverse against Malhotra. However, it said that it cannot inquire into collegium decisions.

"We will not open a Pandoras Box by enquiring into the decisions of High Court and Supreme Court collegium," the Bench said.

The Court further expressed surprise over the petition when the judicial officer informed it that he still has 10 years of service remaining.

"Then you have time. Please wait," Justice Bagchi said.

Similarly, Justice Nagarathna remarked:

"Please have some patience."

The Court added that if the consideration of Malhota's name has been deferred, there is still a chance of judgeship for him in future.

The Court also said that it cannot ask the High Court Collegium to disclose any reasons for the decision to bypass him. Senior Advocate Balbir Singh, representing Malhotra, submitted that Supreme Court had asked the High Court Collegium to reconsider his case after his representation.

Justice Nagarathna questioned the basis for the claim that reconsideration was not done. Justice Bagchi said that the judicial officer cannot challenge the decision of screening committee that prepares the names of judicial officer for consideration by the recommending body.

Justice Nagarathna went on to hold that there was no cause of action.

"There is no cause of action. In Karnataka, for three vacancies, nine are called.. Three are selected. So others cannot adopt this mode and manner," she observed.

The Court further said that there was no visible procedural flaw in the case and that it doesn't even know whether Malhotra's name has been dropped or removed from the zone of consideration.

Justice Bagchi said that since Supreme Court Collegium has accepted the High Court recommendation, there cannot be a judicial review now.

The Court then suggested that Malhotra withdraw his plea and make a representation for more information about his case.

"Try to make a reminder representation to find out the stage of the process and there your matter will end. We don't want to spoil your chances by saying something. Better you withdraw this," the Court said.

In its order, the Court clarified that Malhotra would have a liberty to approach the competent authority in High Court on administrative side or judicial side.

[Live Coverage]