The Top court on Tuesday raised its concerns over the Centre government’s
pick and choose approach while appointing judges whose names were recommended by the collegium for appointment to higher judiciary.
A bench of justices Sanjay Kishan Kaul and Sudhanshu Dhulia observed that “…We hope that a situation would not come where this court or the collegium have to take some decision which may not be palatable (to the government),” the bench said.
The Top court was hearing two pleas including one alleging delay by the Centre in clearing the names recommended by the collegium for appointment and transfer of judges.
The bench further said that “We have put to the Attorney General that this is again a matter of concern as emphasized on numerous occasion that if some appointments are made and some are not, the inter-se seniority is disturbed, it added
Justice Kaul also told Attorney General R Venkataramani that “ this pick and choose has created a lot of problem,” he said, adding, “Don’t do this”.”Selectively picking, choosing and appointing is the troublesome aspect,”he added
The bench said this pick and choose affects the seniority of those whose names have been recommended for appointment by the collegium and why a person, having reasonable practice a as lawyer, would put his neck on the block and hope that the government will clear it.
The bench noted that the Attorney General has requested for time to have a fruitful discussion on these issues with the government. After that the bench posted the matter for hearing on November 20.
