In a significant move that underscores the evolving dynamics of India’s judiciary, the Supreme Court Collegium has taken a decisive step towards bolstering the bench strength of the Patna High Court. The Collegium, which comprises Chief Justice of India Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul, and Justice Sanjiv Khanna, has recommended the names of two eminent Judicial Officers for their appointment as Judges of the Patna High Court.
This recommendation, as outlined in the detailed resolution dated October 17, 2023, sheds light on the meticulous process that led to this decision. It reveals that the Chief Justice of the Patna High Court, after extensive consultations with his two senior-most colleagues, felt it prudent to endorse the elevation of these two officers to the High Court of Judicature at Patna.
This decision wasn’t made in isolation. In a show of collaborative governance, both the Chief Minister and the Governor of the State of Bihar reviewed and subsequently concurred with this recommendation, emphasizing its importance and the consensus around it.
The two Judicial Officers, who have been earmarked for this prestigious elevation, are:
- Shri Rudra Prakash Mishra
- Shri Ramesh Chand Malviya
A deeper examination of Shri Ramesh Chand Malviya’s credentials provides insights into the caliber of the officers being considered. The Collegium’s notes highlight that, should Malviya be appointed, his tenure as a High Court judge promises to be notably favorable. The Department of Justice (DoJ) has gone on record to vouch for Malviya’s impeccable personal and professional standing.
They have underscored that there’s absolutely nothing that casts a shadow over his integrity. His service dossier paints the picture of an officer who has consistently been rated as ‘very-good’. However, a point of contention arose when the DoJ opined that his professional competence was ‘average’. Addressing this nuanced observation, the Collegium responded with clarity, stating,
“An observation made in the file that his professional competence is average should not come in the way of his recommendation inasmuch as it is for the judiciary to assess the judicial performance of a judicial officer.”
This statement not only cleared the air but also reinforced the Collegium’s confidence in Malviya’s suitability for the esteemed role of a judge at the Patna High Court.
To ensure clarity in the hierarchical structure, the resolution also touched upon the topic of seniority. It specified that the inter se seniority between the recommended officers will be ascertained and established in line with the existing judicial practices.
As the Patna High Court prepares to welcome its potential new members, legal enthusiasts and the general public alike await further updates on this pivotal judicial appointment.