Supreme Court Collegium recommends Rudra Prakash Mishra, and Ramesh Chand Malviya as Judges in the Patna High Court

The Supreme Court Collegium has recommended the names of Rudra Prakash Mishra, and Ramesh Chand Malviya for appointment as Judges of the Patna High Court. It has issued a resolution dated 17 October 2023 regarding the appointment of these Judicial Officers as Judges in the High Court of Judicature at Patna. 

On 8 May 2023, the Chief Justice of the High Court of Judicature at Patna in consultation with his two senior-most colleagues recommended the elevation of the above judicial officers as Judges of the High Court of Judicature at Patna. The Chief Minister and the Governor of the State of Bihar have concurred with the recommendation.

In order to ascertain the fitness and suitability of the above persons for elevation to the High Court, we have consulted Judges of the Supreme Court who are conversant with the affairs of the High Court of Judicature at Patna. For the purpose of assessing the merit and suitability of these candidates for elevation to the High Court, we have scrutinized and evaluated the material placed on record including the observations made by the Department of Justice in the file as well as the complaints received against the candidates.

With regard to Rudra Prakash Mishra, the Supreme Court Collegium says, "We have considered the opinion of our consultee-colleagues on the suitability of the candidate. One of our consultee-colleagues has opined that the candidate is the seniormost in the seniority of the cadre concerned and can be said to be most deserving as he meets all the criteria for elevation. The inputs provided by the Department of Justice in the file indicate that he enjoys a good personal and professional image and that nothing adverse has come to notice against his integrity. Bearing in mind all the relevant facts and circumstances, the Collegium is of the considered view that Shri Rudra Prakash Mishra is suitable for appointment as a Judge of the High Court."

With regard to Ramesh Chand Malviya, it says, "We have considered the opinion of our consultee-colleagues on the suitability of the candidate. One of our consultee-colleagues has opined that considering the relevant factors, especially the period for which he would be in office, his appointment as a Judge of the Patna High Court can be favourably considered. The inputs provided by the Department of Justice in the file indicate that he enjoys a good personal and professional image and that nothing adverse has come to notice against his integrity. His service record shows that he has mostly been rated as a very-good officer. An observation made in the file that his professional competence is average should not come in the way of his recommendation inasmuch as it is for the judiciary to assess judicial performance of a judicial officer. 

Bearing in mind all the relevant facts and circumstances, the Collegium is of the considered view that both are suitable for appointment as a Judge of the High Court.