The Supreme Court on Monday issued notice in a petition filed by two senior-most district judges from Himachal Pradesh challenging the process of selection of judges by the High Court collegium. Two senior-most district judges from Himachal have alleged that the high court collegium ignored their merit and seniority while selecting judges. The two judges have further alleged that the high court collegium ignored Supreme Court collegium's specific advice in the selection process for appointments to the high court.
A bench of Justice Hrishikesh Roy and Justice Prashant Kumar Misra presided over the case and issued notice to Registrar General of the Himachal Pradesh High Court seeking a report on whether the High Court Collegium reconsidered the names of two senior most District Judicial Officers as recommended by Supreme Court collegium.
District judge of Bilaspur, Chirag Bhanu Singh along with District judge from Solan Arvind Malhotra have filed a joint writ petition in the top court seeking a direction to High Court collegium to consider their names as suggested by the Supreme Court collegium in a resolution passed on January 4.
The senior judges further said that the high court collegium not only ignored the Supreme Court collegium but also ignored a letter by the Law ministry that recommended their names.
In their petition, the two judges have contended that their 'right to be considered' which is a constitutional right has been violated by actions of the high court collegium.
They have prayed for the top court to set aside the decision by the high court collegium of recommending two "ineligible junior officers" to the Supreme Court collegium for appointment as judges of the Himachal Pradesh High Court.
The two judges have also prayed for a stay on appointment of the two junior judges recommended by the High court collegium in their place till the matter is decided by the top court.