Introduction: In a significant development, the Supreme Court Collegium has recently made recommendations for the appointment of new Judges to the High Court of Delhi. Ms. Shalinder Kaur and Shri Ravinder Dudeja, both distinguished judicial officers, have been proposed for elevation to this esteemed position. This decision comes after thorough deliberations and assessments of their merit, integrity, and suitability for the role.
Detailed Analysis:
The Collegium’s recommendations are based on a comprehensive evaluation of several factors. In the case of Ms. Shalinder Kaur, the Judgment Evaluation Committee accorded her judgments an ‘A’ rating, highlighting the quality of her judicial decisions. Moreover, consultee-judges have attested to her merit and ability. The government’s assessment of her file did not reveal any adverse observations concerning her integrity or reputation. It is noteworthy that the Collegium is also committed to promoting diversity and inclusion on the bench, particularly concerning gender representation. Ms. Shalinder Kaur’s recent retirement from the Delhi Higher Judicial Service in September 2023 has not deterred the Collegium from recognizing her proven track record, merit, and integrity, leading to the recommendation for her appointment as a Judge of the High Court of Delhi.
In the case of Shri Ravinder Dudeja, a similar ‘A’ rating was awarded by the Judgment Evaluation Committee for his judgments. Consultee-judges have also endorsed his merit and ability as a judicial officer. The government’s assessment of his file did not contain any adverse observations regarding his integrity or reputation. Considering his extensive experience in the judicial service and his demonstrated merit and integrity, the Collegium has expressed its belief in his suitability for the role.
It’s important to note that these recommendations have been made while also considering the non-recommendation of a senior judicial officer. The Collegium has acknowledged that cogent reasons were provided by the High Court Collegium for not recommending this officer’s name, and they concur with this decision.
Conclusion: The Supreme Court Collegium’s recommendations for the appointment of Ms. Shalinder Kaur and Shri Ravinder Dudeja as Judges of the High Court of Delhi highlight the rigorous evaluation and selection process that ensures merit, integrity, and suitability for these prestigious roles. These appointments contribute to the maintenance of a robust and effective judiciary in India.
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SUPREME COURT OF INDIA
The Supreme Court Collegium has recommended the names of the following Judicial Officers for appointment as Judges of the High Court of Delhi:
1. Ms Shalinder Kaur, and
2. Shri Ravinder Dudeja.
On 30 May 2023, the Chief Justice of the High Court of Delhi in consultation with his two senior-most colleagues recommended the elevation of the above judicial officers as judges of that High Court.
In order to ascertain the fitness and suitability of the above-named persons for elevation to the High Court, we have consulted our colleagues conversant with the affairs of the High Court of Delhi.
For the purpose of assessing the merit and suitability of the above-named candidates for elevation to the High Court, we have scrutinized and evaluated the material placed on record including the observations made by the Department of Justice in the file.
1. M/s Shalinder Kaur
The Judgment Evaluation Committee has given an ‘A’ rating to the judgments of the officer. Both the consultee-judges have indicated that the officer possesses merit and ability. The assessment made by the Government in the file does not indicate anything adverse to the integrity or the reputation of the officer. There is a need to ensure greater representation to women on the Bench to promote diversity and inclusion. The collegium is conscious of the fact that the officer has recently retired from the Delhi Higher Judicial Service on 30 September 2023. Despite this, having regard to the fact that the officer has a proven track record and possesses both merit and integrity, the Collegium is of the considered view that she is suitable for appointment as a judge of the High Court of Delhi.
2. Shri Ravinder Dudeja
The Judgment Evaluation Committee has given an ‘A’ rating to the judgments of the officer. Both the consultee-judges have indicated that the officer has merit and ability. The assessment made by the Government in the file does not contain any observation adverse to the integrity or reputation of the officer. Considering the long experience of the officer in judicial service, merit and integrity, the Collegium is of the considered view that the officer is suitable for appointment as a judge of the High Court of Delhi.
While considering the above proposals, we have also taken note of the fact that the above proposal involves non-recommendation of a senior judicial officer. Cogent reasons have been recorded by the Collegium of the High Court for not recommending his name. We are, therefore, in agreement with the Collegium of the High Court for not recommending his name.
In view of the above, the Collegium resolves to recommend that (1) Ms Shalinder Kaur and (2) Shri Ravinder Dudeja, Judicial Officers, be appointed as judges of the High Court of Delhi. Their inter se seniority be fixed as per the existing practice.
(Dhananjaya Y Chandrachud), CJI
(Sanjay Kishan Kaul), J
(Sanjiv Khanna), J
10 October 2023