Supreme Court's No To Kerala Judges' Petition Against Non-Consideration For Elevation

The Supreme Court on Monday refused to entertain a plea of two district court judges alleging non-consideration of their names for elevation as high court judges by the Kerala High Court collegium.

"What kind of petition is this... The senior officer not being considered by the High Court collegium," observed a bench comprising Justices Hrishikesh Roy and SVN Bhatti.

The petition was filed by district court judges --Sadia Alvi PP and KT Nisar Ahammed.

The bench refused to permit the judicial officers to pursue other remedies and said, "We have allowed you to withdraw, we are not giving liberty. Otherwise, take an order of dismissal." Sensing the mood of the bench, their lawyer withdrew the petition.

The judicial officers said they were not considered for elevation and the high court collegium recommended the names of those who were not eligible for consideration.

The plea said the judicial officers were not seeking appointment as HC judges as a matter of right but wanted equality and fairness of opportunity.

The bench was dismissive about their claim that the top court had entertained a similar petition by two senior judicial officers of Himachal Pradesh.

It was a case where the top court collegium had asked the Himachal Pradesh High Court collegium to consider the names of judicial officers.

Senior-most district and sessions judges Chirag Bhanu Singh and Arvind Malhotra of Himachal Pradesh, in another case, had moved the top court alleging their merit and seniority were not considered for judgeship of the high court by its collegium.

The top court has reserved the judgement in that case.

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