On May 17, 2024, the Supreme Court of India delivered a significant ruling affirming the Gujarat High Court’s 2023 recommendations for the promotion of Senior Civil Judges to the District Judge cadre, which is allocated 65% of the promotion quota. This decision reaffirms the Merit-cum-Seniority principle that governs such promotions.
Background of the Case
In May 2023, the Supreme Court had initially stayed these promotions on the grounds that they potentially violated the Merit-cum-Seniority principle. The stay was issued by a bench comprising Justices M.R. Shah and C.T. Ravikumar, who questioned the Gujarat High Court’s method of promotion, noting that it appeared to shift from merit-based assessments to seniority-based decisions after meeting a benchmark.
However, the final judgment, delivered by Chief Justice DY Chandrachud, Justice J.B. Pardiwala, and Justice Manoj Misra, lifted the stay and dismissed the challenge to the merit list. The Court validated the select list dated March 10, 2023, and found no procedural faults in the High Court’s process.
Scope of the Merit-cum-Seniority Principle
Justice J. B. Pardiwala, who authored the operative portion of the judgment, clarified the scope of the Merit-cum-Seniority principle as established in the All-India Judges Association case. He emphasized that while individual merit assessments are necessary, the principle does not require a comparative merit evaluation for the 65% promotional quota. Instead, the focus is on assessing each candidate’s suitability and continued efficiency. The process, therefore, should not be equated with a competitive examination.
The Supreme Court observed that accepting the petitioners’ arguments would blur the lines between the 65% quota, which is based on merit-cum-seniority, and the 10% quota, which relies solely on merit. The Court upheld the High Court of Gujarat’s process, which includes a comprehensive suitability test, as being in compliance with legal standards. The Court highlighted that any deviation from the established process, in place since 2011, would unfairly disadvantage many candidates.
Case Background
The petitioners challenged the March 10, 2023, select list issued by the Gujarat High Court, arguing that it violated Article 14 of the Constitution and Rule 5 of the Gujarat State Judicial Service Rules, 2005. The All-India Judges Association case (2002) had mandated that promotions to the District Judge cadre should adhere to the Merit-cum-Seniority principle and include a suitability test. Following this, the Gujarat High Court amended the rules in 2011 to increase the promotion quota from 50% to 65%, with Rule 5(1)(i) stipulating that these promotions should be based on both Merit-cum-Seniority and a suitability test.
Supreme Court’s Stay Order in 2023
On May 12, 2023, Justices M.R. Shah and C.T. Ravikumar had issued a stay on the promotion recommendations. They criticized the High Court’s approach of considering merit only to achieve a benchmark before applying seniority-based promotions. The Court had suggested that promotions should be based on a merit list derived from the aggregate scores of the suitability test.
Conclusion
The Supreme Court’s final judgment on May 17, 2024, affirmed that the Gujarat High Court’s promotion process adhered to the legal standards and upheld the merit list as per the established procedures. This ruling reinforces the Merit-cum-Seniority principle and ensures that the promotion process remains fair and transparent.