The CJI-led bench of the Supreme Court on Monday directed that the copy of the petition filed by Gujarat High Court Advocates Association against delay in elevation of Justice Kureshi be served on the Solicitor General Thushar Mehta.
The matter will be considered on July 22.
The Gujarat High Court Advocates Association has filed the writ petition under Article 32 of the Constitution of India alleging that the Centre was sleeping over the SC collegium's proposal to make Justice Kureshi the CJ of MP HC.
The petition seeks to direct the Centre to notify the appointment of Justice Kureshi as CJ of MP HC immediately. The Centre's selective neglect of Justice Kureshi's file is sought to be highlighted in the petition by pointing out that it has cleared 18 files of judicial appointments after May 10.
Justice Kureshi's proposal was made by the SC collegium on May 10 to fill the vacancy created by the retirement of the former CJ of MP HC Justice S K Seth.
Although another proposal made by the Collegium on the same day - that of Justice D N Patel's appointment as Delhi High Court Chief Justice - was notified by the Centre within two weeks, Justice Kureshi's file has been kept pending. Meanwhile, Centre notified the appointment of Justice Ravi Shanker Jha as the Acting CJ of MP HC on June 7.
On June 25, the Association had passed a resolution approving the decision to approach SC through writ petition to challenge what it believes to be "purposeful holding back " of approval of Justice Kureshi's appointment.
The resolution came after Senior Advocate Yatin Oza, the President of the Association, informed the association members that the Union Law Minister Ravi Shankar Prasad was not willing to meet a delegation of Gujarat lawyers to discuss the subject.