Chief Justice of India Dipak Misra is understood to have decided to urgently convene a meeting of the Collegium to reconsider the name of the Uttarakhand High Court Chief Justice K M Joseph for elevation as a judge of the Supreme Court.
The government had on Friday returned the file to the Collegium which had recommended on January 10 Justice Joseph’s name for his elevation as an apex court judge.
A Supreme Court official said it is but natural to hold the meeting of the Collegium and it will be convened as soon as possible.
However, the only question that remains is the availability of all the five judges of the Collegium as Justice Madan B Lokur, who is the member of the Collegium, was away from work on April 26 and 27 due to medical reasons.
If the quorum is complete, the Collegium meeting will be convened immediately, the official said.
Justice Joseph had headed the bench that had quashed the Narendra Modi government’s decision to impose President’s rule in 2016 when the Congress was in power in the hill state.
The government returned the Collegium’s recommendation to elevate Justice Joseph seeking its reconsideration, saying the proposal was not in accordance with the top court’s parameters and there was adequate representation of Kerala in the higher judiciary from where he hails.
Justice Joseph, who will turn 60 this June, has been the Chief Justice of the Uttarakhand High Court since July 2014. He was appointed as a permanent judge of the Kerala High Court on October 14, 2004 and had assumed charge of the Uttarakhand High Court on July 31, 2014.
His name was recommended by the Collegium comprising Chief Justice Misra and justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph.