Should High Court Consult State Govt To Lay Down Criteria For Selection Of District Judges? Supreme Court Asks Haryana Govt
Live LawThe Supreme Court on Monday asked if a High Court is required to consult the State Government for laying down the criteria for the selection of District Judges. To which the SG replied, “.nothing remains if the criteria is to be fixed without consultation ….appointment and promotion means anything that forms part of that process because the appointing authority is the Governor.” The High Court had also criticised the State Government for seeking legal opinion from the Union Government in the matter, observing that it "would amount to a serious assault on the independence of the functioning of the High Court." The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra was hearing the issue of setting 50% cut-off in the viva voce by the Punjab and Haryana High Court for candidates belonging to the 65% quota for selection through merit-cum-seniority under promotion procedure outlined by S.8 read with S.6 of Haryana Superior Judicial Service Rules, 2007. Giving the example of there being a difference of marks between the topper of the exam and Mr Patalia's client, Mr Gupta stated: “So to say that I have done well written and to sit back and relax, I do not think that it is believable or realistic at all.” The High Court is the sole repository of powers in promotions and recruitment for district judiciary - concerning the arguments on the mandate of consulting with the state government, Mr Gupta mentioned how it is a settled law by the Supreme Court that the High Court under Article 233 is the sole repository when it comes to effecting the promotions and appointments for candidates in district judiciary.