Guwahati: The swearing-in ceremony of senior advocate Kaushik Goswami as a judge of the Gauhati High Court in Guwahati, Assam has been postponed, as announced in a notification from the High Court on November 7.
The government had appointed Goswami as a judge on November 2, following a recommendation from the Supreme Court Collegium on October 17.
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Notably, the Collegium had also recommended advocate N Unni Krishnan Nair for a judgeship at the High Court on the same day, but the government only approved Goswami’s appointment. This decision means that even if Nair is appointed later, he would have a lower seniority ranking compared to Goswami.
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The Supreme Court Collegium had received positive opinions from all four consultee judges regarding Nair’s suitability for the judgeship. While the Department of Justice noted Nair’s professional competence and the absence of any adverse information concerning his integrity, they did raise concerns about his age.
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Despite this, the Collegium was of the opinion that Nair was well-qualified for the High Court judgeship, considering his extensive legal practice, substantial professional income, and numerous reported judgments in cases he had been involved in.
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On November 7, the Supreme Court expressed its dissatisfaction with the government’s practice of selectively choosing names from those recommended by its Collegium for elevation to High Court judgeships.
This issue was highlighted in recent appointments to the Punjab and Haryana High Court, where the government approved only three out of the five advocates recommended for elevation by the Supreme Court Collegium.
Justice Sanjay Kishan Kaul voiced concern over this “selective business,” emphasizing the need to put an end to this practice.
Additionally, Justice Sandeep Mehta, the Chief Justice of the Gauhati High Court, received a recommendation from the Collegium for appointment as a Supreme Court judge on November 6.