In W.P. (C) No.432 of 2023-SC- Apex Court stays implementation of Selection List for promotion of Judicial Officers to posts of District Judges in Gujarat, holds Govt’s Notification & list granting promotion to be contrary to its ruling in All India Judges’ Association Case
Justices M.R. Shah & C.T. Ravikumar [12-05-2023] 

Read Judgment: Ravikumar Dhansukhlal Maheta & Anr v. High Court of Gujarat and Ors 

Tulip Kanth

New Delhi, May 13, 2023: In a matter of promotion of Judicial Officers to the posts of District Judges in the State of Gujarat which was pending consideration, the Supreme Court has declared the list and the Notification grating such promotion to be illegal and contrary to its ruling in All India Judges’ Association and Ors. Vs. Union of India and Ors., & Gujarat State Judicial Service Rules, 2005 while observing that the State Government could have waited till the next date of hearing.

The Division Bench of Justice M.R. Shah & Justice C.T. Ravikumar clarified, “The correct method would be to prepare the merit list on the basis of the four components as mentioned in paragraph 2 of the Recruitment Notice, from amongst those Senior Civil Judges (including ad-hoc Additional District Judges) having not less than two years of qualifying service in that cadre and thereafter to prepare the merit list on the basis of the aggregate marks obtained under different components and thereby to give the promotion solely on the basis of merit, then and then only, it can be said to be following the principle of merit- cum-seniority.”

The Gujarat High Court issued an advertisement by way of Recruitment Notice – District Judge (65%) for the promotion to the cadre of District Judges from amongst the Senior Civil Judges on the basis of the principle of merit-cum-seniority and passing a suitability test to fill up 65 percent of the vacancies. 

The High Court declared the Select List of Senior Civil Judges on March 10, 2023. Even after the two petitioners secured higher marks, they were not appointed and/or their names were not recommended for promotion to the cadre of District Judge and they filed the writ petition in question. The Supreme Court issued the notice. Pending the writ petition, the State Government hurriedly issued the Notification dated April 18, 2023 notifying the appointment of 68 candidates, who were selected by Select List dated March 10, 2023.

The petitioners contended that as per the relevant Recruitment Rules and the Recruitment Notice, 65% of the posts in the cadre of District Judge had to be filled in by way of promotion from amongst the Senior Civil Judges on the basis of principle of merit-cum-seniority and passing a suitability test. 

The Bench referred to the judgment in All India Judges’ Association Case(Supra) whereby the Court had directed that the recruitment to the Higher Judicial Service, i.e., the cadre of District Judges will be 50% by way of promotion (which has been subsequently increased to 65 percent) from amongst the Civil Judges (Senior Division) on the basis of principle of merit-cum-seniority and passing a suitability test. 

The Bench considered the fact that the High Court had considered the merit only for the purpose of achieving the benchmark and thereafter had switched to the seniority-cum-merit and had given the promotion on the basis of seniority only amongst those, who have achieved the benchmark of 50 percent and thereby had given a go-by to the principle of merit-cum- seniority. 

“The method adopted by the High Court is just contrary to the observations made by this Court in paragraph 27 in the case of All India Judges’ Association and Ors. (supra) and also contrary to the Gujarat State Judicial Service Rules, 2005 and the Recruitment Notice”, the Bench held.

The Bench also took note of the fact that  as per the merit list produced before the High Court, the candidates, who has secured much more marks were denied promotion and the candidates / Civil Judge (Senior Division), who were having less marks / less meritorious were promoted. “In the present case, the petitioner No. 1 secured 135.50 out of 200 marks and the petitioner No. 2 secured 148.50 marks out of 200 against which a candidate having secured 101 marks have got the promotion, which is affecting the principle of “merit-cum- seniority”, the Bench said.

Thus, the Bench held that the the impugned Select List dated March 10, 2023 issued by the High Court and the subsequent Notification issued by the State Government granting promotion to the cadre of District Judge are unsustainable, illegal & contrary to the relevant Rules  and even to the decision in All India Judges’ Association and Ors. (supra).

The Bench concluded the matter by saying, “...we stay the further implementation and operation of the Select List dated 10.03.2023 issued by the High Court of Gujarat and the subsequent Notification dated 18.04.2023 issued by the State Government. Meaning thereby, the respective promotees be sent to their original posts which they were holding prior to their promotion vide Select List dated 10.03.2023 and Notification dated 18.04.2023. However, it is clarified that the present stay order shall be confined with respect to those promotees whose names do not figure within the first 68 candidates in the Merit List on the basis of the merits, the copy of which is produced by the High Court along with the counter.”

Suggesting that the matter be heard by the Bench headed by the Chief Justice of India, however, subject to and after obtaining appropriate orders from the Chief Justice on the administrative side , the  Bench directed the Registry  to notify the writ petition for final hearing on August 8, 2023.