SC refuses to entertain judicial officer's petition seeking elevation

New Delhi: Supreme Court on Monday refused to entertain a plea filed by a Himachal Pradesh judicial officer, seeking consideration of his name by the high court collegium for elevation as a high court judge.

Arvind Malhotra, a principal judge serving at a family court in Dharamshala, had petitioned the apex court last week after SC collegium recently recommended elevation of three judges to the Himachal Pradesh High Court. He alleged that officers junior to him had been recommended for appointment.

Refusing to intervene, a vacation bench of justices BV Nagarathna and Joymalya Bagchi on Monday 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 the collegium discusses, we cannot intervene. There is secrecy involved also," the bench verbally remarked. The bench said SC cannot on the judicial side direct the high court collegium in matters of appointment.