M/S. PLR PROJECTS PVT. LTD. versus MAHANADI COALFIELDS LTD. & ORS.

M/S. PLR PROJECTS PVT. LTD. versus MAHANADI COALFIELDS LTD. & ORS.

To address the crisis of High Court vacancies, the Court directed additional time-bound steps to expedite appointments: the Intelligence Bureau must submit inputs within 4–6 weeks of High Court Collegium recommendation; the Central Government should forward files to the Supreme Court within 8–12 weeks of receiving State views and IB inputs; the Government should either make the appointment or return the recommendation with specific reasons within the same period; where the Supreme Court Collegium unanimously reiterates a recommendation, the appointment should be processed and made within 3–4 weeks. The Court also urged Chief Justices to recommend names promptly.

Parties
Petitioner: M/s. PLR Projects Pvt. Ltd.; Respondent: Mahanadi Coalfields Ltd. & Ors.
Jurisdiction
India
Judgment Date
20 April 2021
Procedural Posture
Transfer Petition (civil) / Final Order
Outcome
Directions issued; proceeding closed.
Legal Topics
Appointment of High Court Judges, Vacancies in High Courts, Memorandum of Procedure, Timelines for Appointments
Constitutional Law Judicial Appointments Administrative Law Appointment of High Court Judges Vacancies in High Courts Memorandum of Procedure Timelines for Appointments

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Parties

M/s. PLR Projects Pvt. Ltd.

Petitioner

Mahanadi Coalfields Ltd. & Ors.

Respondent

Procedural Posture

Transfer Petition (civil) / Final Order

Legal Issues

  1. 1 Delay in appointment of High Court judges and high vacancy rates
  2. 2 Whether the Court can prescribe timelines for stages of the appointment process
  3. 3 Compliance with the Memorandum of Procedure timelines by State and Central Government

Ratio Decidendi

To address the crisis of High Court vacancies, the Court directed additional time-bound steps to expedite appointments: the Intelligence Bureau must submit inputs within 4–6 weeks of High Court Collegium recommendation; the Central Government should forward files to the Supreme Court within 8–12 weeks of receiving State views and IB inputs; the Government should either make the appointment or return the recommendation with specific reasons within the same period; where the Supreme Court Collegium unanimously reiterates a recommendation, the appointment should be processed and made within 3–4 weeks. The Court also urged Chief Justices to recommend names promptly.

Court Disposition

Directions issued; proceeding closed.

Orders

  • The Intelligence Bureau (IB) shall 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 shall 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.