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‘Don’t Want to Open Pandora’s Box’: SC Refuses to Probe Collegium’s Non-Recommendation of Judicial Officer

‘Don’t Want to Open Pandora’s Box’: SC Refuses to Probe Collegium’s Non-Recommendation of Judicial Officer

Arvind Malhotra v. High Court of Himachal Pradesh & Ors. [Order dated June 22, 2026]

Supreme Court

The Supreme Court on Monday refused to entertain a plea filed by Himachal Pradesh judicial officer Arvind Malhotra, who sought consideration of his name for elevation as a judge of the Himachal Pradesh High Court after three officers junior to him were recently recommended by the Collegium.

A Bench of Justice BV Nagarathna and Justice Joymalya Bagchi observed that mere seniority does not confer a right to elevation and decisions of the Collegium are based on multiple factors involving subjective satisfaction. The Court emphasised that it cannot undertake judicial review of Collegium deliberations or direct reconsideration of candidates.

“We will not open a Pandora’s Box by enquiring into the decisions of High Court and Supreme Court collegium,”the Bench remarked.

Noting that he still has around ten years of service left, the Court advised him to exercise patience and suggested that he make a representation to ascertain the status of his candidature. The plea was ultimately withdrawn with liberty to approach the competent authority for appropriate information regarding the process.