Supreme Court upholds Gujarat HC promotion of District Judges

Supreme Court affirms the procedure followed by the Gujarat High Court for promotion to the cadre of District Judge in the 65% quota from amongst the cadre of Senior Civil Judges on the basis of Merit-cum-Seniority. 

In a notable judgment today, the Supreme Court has affirmed the procedure to be followed while determining “merit-cum-seniority” principle stipulated by the High Court of Gujarat. 

A bench comprising of the Chief Justice of India, Justice Manoj Mishra and Justice Pardiwala was hearing the matter filed by two unsuccessful judges seeking promotion to the post of District Judge by way of 65% promotion quota. 

The judgment pronounced by Justice Pardiwala emphasised that the High Court has the power to determine the procedure in compliance of All India Judges Association- II judgment and the procedure adopted by the High Court as per Rule 5 of The Gujarat State Judicial Service Rules. 2011.

The Petitioners were represented by Mr R Basant and Mr P S Patwalia, Senior Advocates who argued that the principle of seniority is being applied twice by the high court and once the merit list is made on the basis of the suitability test, the same should be made the select list. 

The issue boiled down to the question whether the test of seniority was applied by the High Court at two distinct stages of selection process, one at the stage of preparation of the zone of consideration and the other at the stage of preparation of the final list.

The High court of Gujarat being represented by Senior Advocate V Giri assisted by Vishakha, AoR argued that the principle of “merit-cum-seniority” begins only once the notification for promotion is issued by the High Court which includes the name of the candidates in the zone of consideration. Therefore, once the candidate clears the suitability test and secures the minimum marks, thereby qualifying the merit aspect, the select list is then prepared on the basis of seniority. The successful judges were represented by Mr. Dushyant Dave, Senior Advocate and Ms. Mayuri Raghuvanshi, AoR who argued that the distinction between the 10% quota where limited departmental examinations are held and the 65% quota would diminish if the principle of seniority is not applied while preparing the select list.

Earlier on 12.05.2023, the Supreme Court bench comprising of Justice M R Shah and C T Ravikumar had come down heavily on the State of Gujarat for issuing notification for appointment on the basis of Select list of 68 Judges who were selected by the procedure followed by the Gujarat High Court. The court had stayed the select list. However, it confined the stay with respect to those promotees whose names do not figure within the first 68 candidates in the merit list. The court had opined the matter to be heard by the bench headed by the Chief Justice of India.

The court has also formulated suggestions that can be adopted by High Courts across the nation while considering for promotion in the 65% category.