The Supreme Court on Friday asked the collegium of the Himachal Pradesh High Court to reconsider the names of two senior-most district and sessions judges for elevation as judges of the high court.
The apex court observed that the high court chief justice could not individually reconsider a recommendation and it could only be done by a high court collegium, acting collectively.
A bench of Justice Hrishikesh Roy and Justice Prashant Kumar Mishra delivered its verdict on a plea filed by the two senior-most district and sessions judges, alleging that their merit and seniority were not considered by the high court collegium in the selection of names for high court judgeship.
"There was no collective consultation and deliberation by the members of the high court collegium," the bench said while pronouncing its judgment.
"In light of the above, the high court collegium should now reconsider the names of Chirag Bhanu Singh and Arvind Malhotra for elevation as judges of the high court, following the Supreme Court collegium decision dated January 4, 2024..." it said.
During the hearing on May 13, the counsel appearing for the two judicial officers referred to a Supreme Court collegium resolution of January 4 and the subsequent communication of the Union Ministry of Law and Justice to the Himachal Pradesh High Court and said that, according to these, the names of the petitioners should have been considered by the high court collegium.
While pronouncing its verdict, the top court bench said, "The decision of the chief justice of the high court on the suitability of the two petitioners, as conveyed in his letter dated March 6, 2024, appears to be an individual decision. The same stands vitiated, both procedurally and substantially."
It said the writ petition filed by the petitioners was maintainable as it questioned the lack of effective consultation.
"The chief justice of the high court cannot individually reconsider a recommendation and it can only be done by a high court collegium, acting collectively," the bench said.
On May 13, the apex court sought a response from the registrar general of the Himachal Pradesh High Court on the plea.
The petition was filed by the two judicial officers, alleging non-consideration of their names for judgeship by the high court collegium.
The plea had said the apex court collegium's decision to send their names for reconsideration by the high court collegium was followed by a communication from the Union law minister to the high court chief justice, urging him to reconsider the names of the petitioner judicial officers.
It had alleged that the high court collegium did not consider these and proceeded to deliberate upon the names of other judicial officers.
