A recommendation by the Delhi High Court Collegium to elevate RV Easwar, currently the President of the Income Tax Appellate Tribunal (ITAT) Mumbai has been opposed in a petition before the court.

The Collegium had recommended the name of RV Easwar for appointment and elevation as Additional Judge/ Judge to the Delhi High Court.

The appointment has been challenged by DK Sharma the Secretary of Delhi High Court Bar Association opposing the recommendation of Easwar on the grounds that ITAT is a statutory body, whereas the lower or subordinate courts are part of the judiciary which is a constitutional entity and that such an appointment would be ultra vires of Article 217 of the Constitution.

The Writ Petition was filed, seeking quashing of the recommendation of appointment of Easwar and also prohibiting the Government of India from acting in furtherance of the recommendations so made.

The Bench headed by the Chief Justice however stated that the matter be taken up before any other Bench of the Court.