Collegium's reasons to reject candidates for judgeship cannot be made public: Delhi High Court

The Delhi High Court recently observed that the reasons for the Supreme Court collegium rejecting the names recommended by the High Court collegium for judgeship cannot be put out in public because it will be detrimental to the interests of such candidates [CA Rakesh Kumar Gupta v Supreme Court of India through Secretary General]..A Division Bench of Acting Chief Manmohan and Justice Tushar Rao Gedela ruled that the collegium deliberates and decides based on the individual's private information.“Such information, if made public, will have the effect of stifling the appointment process,” the Bench held.The Bench said that the High Court cannot sit in appeal over the subjective satisfaction of the Supreme Court collegium.The law about appointment of judges is well settled where the apex court has repeatedly distinguished eligibility and suitability of a person to be appointed as a judge of the High Court.“Eligibility is an objective factor which is determined by applying the parameters or qualifications specified in Article 217(2), whereas, fitness and suitability of a person is evaluated in the consultative process," the High Court said. .The observations were made while dismissing an appeal filed by one Rakesh CA Rakesh Kumar Gupta.Gupta had earlier approached the single-judge of the High Court with the plea for directions to the Supreme Court to publish the reasons for rejecting the High Court collegium’s recommendations.The single-judge had rejected the petition and also imposed a cost of ₹25,000 on him leading to the appeal before the Division Bench..The petitioner told the Division Bench that he has the locus to file the writ petition as he is a resident of Delhi and his cases have been pending in courts due to lack of appointment of judges. He stated that the shortage of judges in High Courts also results in a lack of supervision of District Courts, which affects the functioning of the District Courts.It was contended that the rejection by the Supreme Court of the recommendations made by the High Courts regarding elevation of judges to the High Court was about 35.29% in 2023 but in 2021, the rejection rate was only 4.38%..After considering the case, the Division Bench said that Gupta’s contention regarding the “rejection” of the High Court collegium’s recommendations by the Supreme Court is misconceived.“The appellant has failed to understand that appointment of a judge to the High Court or Supreme Court 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 constitutional functionaries or lack of any condition of eligibility in the case of an appointment, or of a transfer being made without the recommendation of the Chief Justice of India,” the High Court stated. It proceeded to dismiss Gupta’s appeal and said that if he believes that his matters have been delayed, he can file application for early hearing..Gupta appeared in person.None appeared for the Supreme Court. .[Read Judgment]