The Uttarakhand High Court has dismissed a PIL seeking directions to appoint judges in the Uttarakhand High Court as per the sanctioned strength.
The PIL filed by the Youth Bar Association of India, seeking the following reliefs:-
a. issue writ in the nature of mandamus, orders or directions to the respondents to immediately take steps to appoint judges in this High Court as per the sanctioned strength in the larger public interest and also for the proper administration of justice;
b. Issue writ, order or direction, in the larger public interest, requesting the respondents to decide the representation dated 04.04.2022 submitted by the Petitioner-YBAI by a well reasoned and speaking order, limiting to the extent of point no. 2 i.e. filling up vacancies of the Judges in the High Court as per the sanctioned posts.
c. As an interim measure, the Petitioners are requesting that the Judges of this High Court, who are at the verge of their retirement, may not be relieved subject to their consent until fresh elevation/appointment of Judges in this High Court are done, in the larger public interest and for the better administration of justice.
d. To enlarge the scope of present petition and mold the relief/s, as this Court may deem fit and proper, in the peculiar facts and circumstances of the present case and in the larger public interest.
The Division Bench of Chief Justice Vipin Sanghi and Justice Manoj Kumar Tiwari observed that it is for the Collegium, consisting of the Chief Justice and the two seniormost Judges of the High Court, to make the recommendations.
There is no reason to assume that the Collegium is not mindful of its duty, or that it would not perform its duty, as and when the occasion arises.
Regarding raising the age of retirement of judges is concerned, the Court held that it is an aspect which falls for consideration of the Parliament.
The Court observed that the directions sought for in the petition were not called for. Stating that there was no merit in the petition, the High Court dismissed it.