Case Note & Summary
The writ petition was filed under Article 32 of the Constitution of India by the petitioners challenging the Select List dated 10.03.2023 issued by the High Court of Gujarat for the promotion of Senior Civil Judges to the cadre of District Judge. The petitioners contended that the selection process violated Article 14 of the Constitution and Rule 5 of the Gujarat State Judicial Service Rules, 2005, which mandates promotions based on merit-cum-seniority and a suitability test. The High Court had issued a Recruitment Notice on 12.04.2022, specifying that 65% of the posts would be filled based on merit-cum-seniority. The petitioners, who scored 135.50 and 148.50 out of 200 marks, were not included in the Select List, which comprised candidates with lower scores. The Court noted that the High Court's selection method deviated from the merit-cum-seniority principle, instead applying a seniority-cum-merit approach. The Court found that the High Court's actions were illegal and contrary to the rules, leading to the quashing of the Select List and the subsequent Notification for appointments. The Court stayed the implementation of the Select List and directed that the promotees be reverted to their original posts pending the outcome of the writ petition. The matter was scheduled for final hearing on 08.08.2023.
Headnote
A) Constitutional Law - Article 14 Violation - Promotion Process - Constitution of India, Article 14 - The promotion process for District Judges was found to violate the principle of merit-cum-seniority as candidates with higher marks were not promoted. The Court held that the High Court's method of selection was contrary to the established rules and principles (Paras 9-10).
Issue of Consideration
Whether the Select List for promotion to the cadre of District Judge violated the principle of merit-cum-seniority as mandated by the Gujarat State Judicial Service Rules, 2005.
Final Decision
The Supreme Court quashed the Select List dated 10.03.2023 and the Notification dated 18.04.2023, finding them illegal and contrary to the Gujarat State Judicial Service Rules, 2005. The Court stayed the implementation of the promotions and directed the promotees to revert to their original posts pending the outcome of the writ petition.
Law Points
- merit-cum-seniority
- suitability test
- judicial promotion
- recruitment rules
- constitutional validity
