Delhi HC dismisses with costs plea seeking reasons from SC collegium

Petitioner Rakesh Kumar Gupta had sought directions to the top court collegium to provide the 'qualification' considered for appointment as a high court judge and publish monthly data related to pending and disposal of recommendation

New Delhi: The Delhi High Court has dismissed with costs of Rs 25,000 a petition seeking a direction to the Supreme Court collegium to provide detailed reasons while refusing to accept recommendations for appointment of high court judges.

Petitioner Rakesh Kumar Gupta also sought directions to the top court collegium to provide the 'qualification' considered for appointment as a high court judge and publish monthly data related to pending and disposal of recommendations.

Justice Subramonium Prasad observed that the court cannot sit in appeal over the subjective satisfaction of the Supreme Court's collegium and the petition was a 'complete waste of judicial time'.

"This court is inclined to dismiss the writ petition imposing costs of Rs 25,000 on the petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within a period of four weeks from today. The writ petition is dismissed along with pending application(s), if any," the court said in an order passed on May 27.

The petitioner, who claimed to be a victim of delay in disposal of his case pending in the Rohini district court here, said the 'high' rejection rate of recommendations by the collegium of the Supreme Court was 'extremely disturbing', which showed there was a communication gap between the apex court and the high courts regarding the criteria for appointment.

The petitioner claimed that in 2023, the rejection rate was about 35.29 per cent against 4.38 per cent in 2021.

The court said the petitioner has no locus and did not give any reason as to how he was a victim and that his plea was only a publicity interest litigation.

The court observed the result of recommendations considered by the Supreme Court collegium are put up in the top court's website and the requisite qualifications for being appointed as a judge of the high court are laid down under Article 217 of the Constitution.

"The Collegium of the Hon'ble Apex Court takes into consideration several factors before accepting the recommendations of the Collegium of the high court. This court cannot sit in appeal over the subjective satisfaction of the Collegium of the Hon'ble apex court," the court said.