The SC Collegium said that it had consulted other judges of the apex court, who are conversant with the affairs of the Gujarat Court, to ascertain the suitability of judicial officer Vimal Kanaiyalal Vyas for elevation to the high court
Published Date – 05:23 PM, Wed – 11 October 23
New Delhi: The Supreme Court Collegium headed by Chief Justice of India (CJI) D.Y. Chandrachud has recommended the appointment of a judicial officer as Gujarat High Court Judge.
The SC Collegium said that it had consulted other judges of the apex court, who are conversant with the affairs of the Gujarat Court, to ascertain the suitability of judicial officer Vimal Kanaiyalal Vyas for elevation to the high court.
In February this year, the Chief Justice of the Gujarat High Court in consultation with his two seniormost colleagues made the above recommendation. All the consultee-judges have found the officer to be suitable for appointment as a judge of the high court. The Collegium has also taken note of the report of the Judgment Assessment Committee, noted the SC Collegium.
It said that having regard to the views of the consultee-judges on the suitability of the candidate, the report of the Judgment Assessment Committee and the assessment made by the Government of India in the file, the Collegium is of the considered view that Vyas is suitable for being appointed as a judge of the Gujarat High Court.
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 High Court Collegium for overlooking him, said SC Collegium.
Views of the Chief Minister and the Governor for the State of Gujarat on the above recommendation have not been placed in the file, read the statement uploaded on the website of the apex court on Wednesday.
The Centre forwarded the recommendation in terms of para 14 of the Memorandum of Procedure, which provides that if the comments of the state constitutional authorities are not received within a period of six weeks from the date of receipt of the proposal from the Chief Justice of the High Court, it should be presumed that the Governor and Chief Minister have nothing to add to the proposal and proceed accordingly.