HC: Reasons for SC collegium rejecting Judgeship can’t be disclosed

Delhi High court has ruled that the reason behind Supreme court collegium rejecting judgeship to those who applied cannot be disclosed as it will be “detrimental and stifle the process.” This ruling was passed by a bench of Acting Cheif justice Manmohan and Justice Tushar Rao while dismissing a plea seeking reasons for rejection of judgeship by the collegium. 

“The appointment of a judge to SC or HC is an integrated, consultative and non-adversarial process which cannot be challenged in a court of law except on the ground of want of consultation with the named constitution functionaries or lack of any conditions of eligibility in the case of an appointment or a transfer without the recommendation of CJI” said the bench.

“Further publication of reasons for rejection will be detrimental to the interest and standing for people whose name has been recommended by high courts, as Supreme Court collegium deliberates and decides on the basis of information which is private to the individual being considered” it further said. The petitioner had sought directions to the SC collegium to provide the “qualification” conisidred as an HC judge.