Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judiciary: Higher judiciary – District judges – Appointment – Promotion of Senior Civil Judges to the cadre of District Judge |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Directions Issued |
Headnote | Judiciary: Higher judiciary – District judges – Appointment – Promotion of Senior Civil Judges to the cadre of District Judge – Rules 2005 prescribed 65% posts in the cadre of District Judge to be filled by promotion amongst Senior Civil Judges on the basis of principle of merit cum seniority and passing of a suitability test – Issuance of select list by the High Court for promotion of Senior Civil Judges to the cadre of District Judge (65% quota) – Petitioners not recommended for promotion even though having higher marks than the ones promoted – Writ petition by the petitioners challenging the select list as being violative of Art. 14 and r. 5 of the 2005 Rules – Issuance of Notice – However, despite being served with the copy of the petition, the State Government vide notification dated 18.04.2023 notified the appointment of 68 candidates, subject to the ultimate outcome of the writ petition – Held: High Court considered the merit only for the purpose of achieving the benchmark and thereafter switched to the seniority-cum-merit and thereby gave a go-by to the principle of merit-cum-seniority – Method adopted by the High Court contrary to the observations made by this Court in All India Judges’ Association’s case and also contrary to the 2005 Rules and the Recruitment Notice – High Court adopted a wrong method – Thus, the impugned Selection List issued by the High Court and the subsequent Notification issued by the State Government granting promotion to the cadre of District Judge illegal and contrary to the relevant Rules and Regulations and even to the decision of this Court in the case of All India Judges’ Association and Ors.’s case, thus, not sustainable – State Government could have waited till the next date of hearing by this Court – At present the respective promotees have not assumed their posting on the promotional post, they have been sent for training, thus, the further implementation and operation of the Select List issued by the High Court and the subsequent Notification issued by the State Government is stayed – Constitution of India – Arts. 14, 32 – Gujarat State Judicial Services Rules, 2005 |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2023 INSC 532 |
Petitioner | Ravikumar Dhansukhlal Maheta & Anr. |
Respondent | High Court Of Gujarat And Ors. |
SCR | [2023] 5 S.C.R. 416 |
Judgement Date | 2023-05-12 |
Case Number | 432 |
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