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Synopsis

A resolution passed on Tuesday by the Supreme Court Collegium comprising CJI DY Chandrachud, Justice Sanjay Kishan Kaul, and Justice K.M. Joseph strongly 'criticized' the Central Government for approving some names while withholding others which had been suggested for elevation in the past.

The collegium stated that the loss of seniority of candidates recommended earlier in point of time has been noted and is a “matter of grave concern” and opined that the necessary steps should be taken as soon as possible to issue a notification for the elevation of persons who have previously been recommended, including the name of Advocate R John Sathyan, which the Collegium reiterated on January 17.

In a meeting held on Tuesday, the Collegium criticized the central government for withholding names and stated, “The Collegium is of the considered view that necessary action for the issuance of a notification for the elevation of persons who have been recommended earlier in point of time should be taken at the earliest including the name of Shri R John Sathyan which has been reiterated by this Collegium on 17 January 2023”.

“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”, it added.

In the same resolution, the judges noted that another candidate Ramaswamy Neelakandan was appointed through the recommendation on January 17 and asked the Centre to notify him before notifying the name of K Rajasekar, the youngest among the four new candidates recommended on March 21.

The resolution said that Rajasekar would rank senior to Neelakandan despite being younger than him, and if his appointment were to be announced first, then such a deviation would be “unfair” and “against settled convention”.

“As on 31.01.2023, Shri Ramaswamy Neelakandan was 48.07 years of age while Shri K 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. Hence, while recommending the name of Shri K Rajasekar for elevation, the Collegium is of the view that his appointment should be notified after the appointment of Shri Ramaswamy Neelakandan is notified”, the resolution stated.

The Collegium resolved to recommend the appointment of S/Shri (i) R Sakthivel, (ii) P Dhanabal, (iii) Chinnasamy Kumparappan, and (iv) K Rajasekar, Judicial Officers, as Judges of the Madras High Court, and their seniority be fixed in terms of the above resolution.