M/s. Plr Projects Pvt. Ltd. vs Mahanadi Coalfields Ltd. & Ors.

Court

Supreme Court of India

Date

20 April 2021

Case No.

Transfer Petition (Civil) No. 2419 of 2019

Result

Dismissed

Bench

S.A. Bobde, Sanjay Kishan Kaul, Surya Kant

Citation

[2021] 4 S.C.R. 153 : 2021 INSC 262

Headnote

Judiciary – Appointment of High Court Judges – Vacancies in High Courts – Certain timelines were stated for appointment of Judges to the High Court in the Memorandum of Procedure as finalized by the Supreme Court Collegium on 10.03.2017 – In order to facilitate timely appointment, following additional timelines advised – The Intellligence Bureau (IB) would submit its report/inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government – The Central Government would then forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/input from the IB – The Government would thereafter proceed to make the appointment immediately on the aforesaid consideration – In case of Government’s reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded – If the Supreme Court Collegium after consideration of the aforesaid inputs still reiterates the recommendation(s) unanimously (Cl. 24.1), such appointment should be processed and appointment should be made within 3 to 4 weeks.

Third Judge’s case (1998) 7 SCC (Special Reference

1 of 1998) – referred to

The following order of the Court was passed: ORDER 1. The High Courts are in a crisis situation. There are almost 40% vacancies in the High Courts, with many of the larger High Courts working under 50% of their sanctioned strength. 2. We have discussed in detail the aforesaid while dealing with the aspect of appointment of ad hoc Judges under Article 224A of the Constitution of India in WP(C) No.1236/2019. Vide separate order in the aforementioned matter passed today, we have also discussed the process of appointment under Articles 217 & 224 of the Constitution of India. 3. Learned Attorne

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