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SC dismissed Tamil Nadu judicial officers’ plea challenging non-consideration of names for elevation

Writ petition filed before the Supreme Court of India by 8 judicial officers alleging non-consideration of their names for elevation as Madras HC judges has been dismissed.

The judicial officers alleged in the petition that the Collegium of the Madras High Court has ignored their names as well as names of six other judicial officers for elevation as judges of the High Court and recommended their juniors for elevation as the High Court judges.

The petition was filed by Madras High Court's Registrar (Vigilance) R. Poornima, Tamil Nadu State Legal Services Authority Member Secretary K. Rajasekar and the Principal Judge of the Family Courts in Chennai A.K.A. Rahmaan, Principal District Judges R. Sakthivel, A. Kanthakumar, A. Nazeema Banu, M.D. Sumathi and M. Suresh Viswanath.

A three judges bench comprising of Chief Justice of India S A Bobde, Justice AS Bopanna and Justice V. Ramasubramanian dismissed the petition and held that the claims of the petitioners are not sustainable.

The petition stated that before being recruited as District Judges, a majority of them had completed 10 years of practice as lawyers. In 2017, they had also completed six years of service in the district judiciary and yet they were overlooked by the Collegium and the officers who had been appointed in judicial services after them were considered for elevation.

The petitioners claimed that the decision of the High Court Collegium is based on an incorrect interpretation of Article 217(2) of the Constitution and is violative of Article 217 of the Constitution and is thereby violative of Article 14.

The matter was heard by the Supreme Court and reserved for judgement on August 31, 2020.

#SupremeCourtof India




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