The Supreme Court on Monday dismissed a plea by a Himachal Pradesh judicial officer seeking consideration for appointment as a High Court judge, observing orally that no judicial direction can be issued to a High Court Collegium in matters relating to elevation.
The petitioner, Arvind Malhotra, currently serving as Principal Judge of the Family Court in Dharamshala, contended that the High Court Collegium had recommended the names of officers junior to him, whose elevations were subsequently approved by the Supreme Court Collegium.
Senior Advocate Balbir Singh, appearing for the petitioner, argued that the Supreme Court had, in September 2024, directed the Himachal Pradesh High Court Collegium to reconsider the names of the petitioner and another judicial officer for elevation.
He submitted that while the direction had been acted upon in the case of the other officer, no such reconsideration had taken place with respect to the petitioner.
However, the bench of Justices B V Nagarathna and Joymalya Bagchi declined to accept the contention, observing that there was no material on record to indicate that the High Court Collegium had rejected the petitioner’s candidature.
The Supreme Court recorded the submission of the petitioner’s senior counsel that the petitioner did not wish to pursue the writ petition filed under Article 32. However, the petitioner sought liberty to approach the appropriate authority of the High Court on the administrative side or avail other judicial remedies. Taking the submission on record, the Court disposed of the petition.
The apex court Collegium on June 3 cleared the names of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal for elevation to the Himachal Pradesh High Court.
Earlier, in 2024, District Judges Chirag Bhanu Singh and Arvind Malhotra had moved the Supreme Court, alleging that their merit and seniority were ignored by the High Court Collegium while making recommendations for elevation. In September that year, the apex court directed the Chief Justice of the High Court to reconsider their candidature.
