The Supreme Court Collegium has voiced concern over the Centre withholding or overlooking the names recommended for appointment as judges, saying this disturbs the seniority of the candidates, and requested the federal government to take “necessary action” for the elevation of these recommended earlier.
The collegium, headed by Chief Justice DY Chandrachud, mentioned notification for the elevation of individuals recommended earlier in level of time ought to be issued on the earliest.
Collegium voices concern
The collegium voiced its concern in a decision dated March 21 by which it recommended the names of 4 district judges for appointment as judges of the Madras High Court. The collegium, which contains Justices Sanjay Kishan Kaul and KM Joseph, recommended the names of R Sakthivel, P Dhanabal, Chinnasamy Kumarappan, and Okay Rajasekar.
“By its decision dated 17 January 2023, the Collegium of the Supreme Court recommended the appointment of Shri Ramaswamy Neelakandan, advocate practising earlier than the Madras High Court, as a choose of the excessive court docket. As on March 31, 2023, Shri Ramaswamy Neelakandan was 48.07 years of age whereas Shri Okay Rajasekar on that date was 47.09 years of age.
“Shri Neelakandan, who is a member of the Bar, has been recommended earlier in point of time and must be appointed before Shri Rajasekar is appointed. Otherwise, Shri Rajasekar, who is a judicial officer and younger than Shri Neelakandan, would rank senior to Shri Neelakandan. Such a deviation in seniority would be unfair and against the settled convention,” the decision mentioned.
The collegium mentioned that whereas recommending the title of Rajasekar for elevation, it’s of the view that his appointment ought to be notified after the appointment of Neelakandan is notified.
“The collegium is of the thought of view that essential motion for the issuance of a notification for the elevation of individuals who’ve been recommended earlier in level of time ought to be taken on the earliest together with the title of Shri R John Sathyan which has been reiterated by this collegium on 17 January 2023.
Suggestions missed
“The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates recommended earlier in point of time has been noted by the collegium and is a matter of grave concern,” the collegium acknowledged.
(With inputs from PTI)
