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.
Source: Barandbench
