'Picked Out Of The Blue': Allahabad HCBA Objects To SC Collegium's Proposed Names For Ad-Hoc Appointments, Writes To President, CJI

In the representation dated February 5, 2026, the Association termed the Collegium's statement as 'inexplicable' and one which "has been a cause for consternation to the legal fraternity in the state".

The HCBA has asserted that the Supreme Court collegium's invocation of Article 224-A of the Constitution of India is in contravention of that provision, which provides that the appointment of an ad hoc judge is the domain of the Chief Justice of the High Court with the President's prior consent.

The letter adds that the five choices appear to have been picked out of the blue from amongst a pool of retired judges, unaccompanied by any exercise of choosing the best from the available pool of retired judges.

Challenging the merit of the names proposed, the HCBA stated that the names "fail to inspire confidence in the ability of the recommended persons to clear pendency of cases".

The letter cum representation specifically submit that, if appointments are made from the pool of retired Judges, recent retirees will be found to have better and more effective disposal on merits than the chosen five.

"A search on the net shows a minuscule number of cases having been decided by at least four of five judges during their tenure of almost two years as high court judges", the letter reads.

The letter also refers to the data, claiming that Justice Mohd. Aslam delivered 46 judgments between 2021 and 2023, Justice Renu Agarwal delivered 73 judgments between 2022 and 2024, Justice Jyotsana Sharma delivered 93 judgments between 2022 and 2025, and Justice Syed Aftab Hussain Rizvi delivered 151 judgments between 2021 and 2025.

Furthermore, the representation argues that vacancies in the High Courts across various states should be filled from among eligible lawyers or judicial officers through due process.

It submits that, instead of appointing retired judges by invoking Article 224-A of the Constitution of India, it would have been wholesome to make regular appointments to fill the vacancies.

“…appointing five judges from pool of retired judges to fill up any vacancies in the High Court at Allahabad merely deprives eligible persons of the legal fraternity from being appointed to a sensitive constitutional post while the post is filled up by a retired High Court judges whose innings in the system is already complete” it adds.