Today, two senior district judges from Kerala, P.P. Saidalavi and K.T. Nizar Ahamad, withdrew their petition from the Supreme Court challenging their exclusion from the list of candidates for appointment as High Court judges. The judges, through their counsel, sought to contest the decision of the Kerala High Court collegium, alleging that they were unfairly overlooked in favour of candidates they deemed ineligible.
During the proceedings, Justice Hrishikesh Roy questioned the basis of the petition, remarking, “What kind of petition is this? The senior officer not being considered by the High Court collegium, you will come here and enforce?” The bench’s comments underscored the non-enforceable nature of the grievances presented by the petitioners.
The counsel for the judges, Deepak Prakash, clarified that their challenge was directed not at the suitability of the selected candidates, but at the eligibility criteria applied by the collegium. However, the bench responded that these were “not enforceable things,” prompting the counsel to seek permission to withdraw the plea and explore other legal remedies.
The Supreme Court bench allowed the withdrawal but emphasized that it would not grant any liberty for further action on this matter. The judges were given the option to withdraw their petition or face a dismissal order. Following this, the plea was formally withdrawn.
Background
The controversy stems from the recent selection process for High Court judges in Kerala, which has faced criticism and legal challenges. Senior district judges P.P. Saidalavi and K.T. Nizar Ahamad moved the Supreme Court after their names were excluded from the list of recommended candidates by the Kerala High Court collegium. The judges argued that the collegium included names of individuals who were not eligible to be considered as High Court judges at the time the vacancies arose.
