Arvind Malhotra, Principal Judge of the Family Court in Dharamshala, has approached the Supreme Court challenging the recommendation of three judicial officers for elevation to the Himachal Pradesh High Court, alleging that officers junior to him were preferred despite his seniority.
A judicial officer from Himachal Pradesh has approached the Supreme Court, challenging the recent recommendation made by three judicial officers for elevation to the Himachal Pradesh High Court.
The petitioner alleges that, despite his seniority, officers junior to him were preferred over his candidature.
The petition has been filed by Arvind Malhotra, Principal Judge of the Family Court in Dharamshala.
Earlier, On June 3, the Supreme Court Collegium recommended the names of judicial officers Chirag Bhanu Singh, Bhupesh Sharma and Yogesh Jaswal for appointment as judges of the Himachal Pradesh High Court.
The matter was mentioned for urgent listing before a Bench comprising Chief Justice of India Surya Kant and Justice V Mohana.
Counsel for Malhotra argued that Malhotra’s right to be considered for elevation has been violated, as junior officers had been recommended by the Collegium and their names had already been forwarded to the Central government.
Taking note of the request, CJI Surya Kant agreed to list the matter for hearing.
This is not the first instance of challenges to the judicial appointment process in Himachal Pradesh.
In 2024, two district judges serving in the State had approached the Supreme Court with similar allegations, contending that their seniority and merit were overlooked by the High Court Collegium while recommending names for elevation to the High Court.
In September 2024, the Supreme Court allowed their plea and requested the Chief Justice of the Himachal Pradesh High Court to reconsider their candidature.
The Collegium System is the method used in India for the appointment and transfer of judges of the Supreme Court and High Courts. Under this system, judges are selected by a group of senior judges rather than by the government alone. It is often described as a judges appointing judges system.