“What kind of Petition is this? You’re Asking us to Enforce the HC Collegium’s Decision on Senior Officers?”: SC Dismissed Two District Judges Plea For Non-appointment as HC Judges

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During the proceedings, Justice Hrishikesh Roy questioned the petition’s validity, asking, “What kind of petition is this? The senior officer not being considered by the High Court collegium, you will come here and enforce?” The bench highlighted that the grievances raised were not enforceable.

NEW DELHI: Today (2nd Sept): Two senior district judges from Kerala, P.P. Saidalavi and K.T. Nizar Ahamad, withdrew their petition from the Supreme Court. They had challenged their exclusion from the list of candidates for High Court appointments, alleging unfair oversight by the Kerala High Court collegium in favor of less qualified candidates.

During the proceedings, Justice Hrishikesh Roy questioned the petition’s validity, asking,

“What kind of petition is this? The senior officer not being considered by the High Court collegium, you will come here and enforce?” The bench highlighted that the grievances raised were not enforceable.

Counsel for the judges, Deepak Prakash, explained that their challenge focused on the eligibility criteria used by the collegium, not on the suitability of the selected candidates.

However, the bench deemed these concerns “not enforceable,” leading Prakash to request permission to withdraw the petition and pursue other legal avenues.

The Supreme Court granted the withdrawal but made it clear that no further action on this matter would be permitted.

The judges chose to withdraw their plea rather than face a dismissal order.

The dispute arises from the recent High Court judge selection process in Kerala, which has faced criticism and legal scrutiny. Saidalavi and Ahamad argued that the collegium had included names of individuals who were not eligible for appointment at the time the vacancies arose.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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