The Supreme Court on Monday declined to grant relief to Himachal Pradesh judicial officer Arvind Malhotra, who had sought consideration of his name for elevation to the High Court, orally observing that no judicial direction can be issued to a High Court Collegium regarding recommendations for judgeship.
A Bench of Justice BV Nagarathna and Justice Joymalya Bagchi was not persuaded by the submissions advanced by Senior Advocate Balbir Singh, appearing for the petitioner. Justice Nagarathna observed that no material had been placed on record warranting judicial intervention.
Malhotra, presently serving as Principal Judge, Family Court, Dharamshala, alleged that the Himachal Pradesh High Court Collegium ignored his candidature while forwarding the names of his juniors for elevation, and that those recommendations were subsequently approved by the Supreme Court Collegium.
Singh argued that the Supreme Court had, in September 2024, directed the High Court Collegium to reconsider Malhotra’s name along with another judicial officer, but that no such reconsideration had taken place in his case.
The Bench observed that recommendations for elevation are founded on the subjective satisfaction of the Collegium and are ordinarily not amenable to judicial review. Justice Nagarathna further remarked that the Court could not exercise its judicial jurisdiction to direct a Collegium to consider a specific individual for elevation.
The Court also noted that Collegium deliberations are confidential and cautioned against opening a “Pandora’s box” by subjecting internal deliberations to judicial scrutiny. Justice Nagarathna clarified that seniority by itself does not confer a right to elevation.
Justice Bagchi added that, since the recommendations made by the High Court Collegium had already been approved by the Supreme Court Collegium, the challenge to the High Court’s decision had effectively become academic.
In view of the Court’s observations, the petitioner chose not to press the plea. The Bench disposed of the matter while leaving open any remedies available to the petitioner before the appropriate forum.
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