The Supreme Court collegium has informed the Centre that names sent by it earlier "ought not to be withheld or overlooked" while recommendations later are acted upon, indicating that the government should not pick and choose names from the list amid the dispute between the judiciary and the Centre on the collegium system of appointment of judges and on names recommended for judgeship.
Recommending the names of four judicial officers for judgeship in Madras high court, the collegium of Chief Justice D Y Chandrachud and justices Sanjay Kishan Kaul and KM Joseph reminded the Centre that its earlier collegium’s recommendation for appointment of advocate R John Sathyan for the HC had not been cleared and said the Centre should notify the names in the order it receives them so that seniority of judges is maintained.
The collegium stated in its resolution that although Sathyan's name had been submitted again for the Madras High Court on January 17, he had not yet been appointed. The Intelligence Bureau (IB) assessment stated that he has no overt political leanings, and that publishing the article won't have an impact on his suitability, character, or integrity.
“The Collegium is of the considered view that necessary action for the issuance of notification for the elevation of persons who have been recommended earlier in point of time should be taken at the earliest including the name of R John Sathyan...The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates recommended earlier in point of time has been noted by the Collegium and is a matter of grave concern," it said.