The Supreme Court has affirmed the Gujarat High Court’s course of for selling Senior Civil Judges to the cadre of District Judges beneath the 65% quota primarily based on merit-cum-seniority. In an impactful verdict at this time, the supreme courtroom acknowledged the strategy which is presently assessing the “merit-cum-seniority” precept, as established by the Gujarat High Court. Â
The matter was heard by a bench consisting of the Chief Justice of India, Justice Manoj Mishra, and Justice Pardiwala, which was filed by two judges who had been unsuccessful of their bid for promotion to the place of District Judge through the 65% promotion quota.Â
Justice Pardiwala’s judgment highlighted that the High Court has the authority to determine the process in accordance with the All India Judges Association- II judgment and the process applied by the High Court as per Rule 5 of The Gujarat State Judicial Service Rules, 2011.
The petitioners had been represented by Senior Advocates Mr R Basant and Mr P S Patwalia, who contended that the excessive courtroom is making use of the precept of seniority twice and as soon as the benefit checklist is created primarily based on the suitability take a look at, it ought to be made the choose checklist.Â
The crux of the difficulty was whether or not the High Court utilized the take a look at of seniority at two separate levels of the choice course of, one on the stage of making ready the zone of consideration and the opposite on the stage of making ready the ultimate checklist.
The Gujarat High Court, represented by Senior Advocate V Giri and assisted by Vishakha, AoR, argued that the precept of ‘merit-cum-seniority’ solely begins as soon as the High Court points the promotion notification, which incorporates the names of the candidates within the zone of consideration. Therefore, as soon as a candidate passes the suitability take a look at and achieves the minimal marks, thereby qualifying the benefit side, the choose checklist is then ready primarily based on seniority. The profitable judges had been represented by Senior Advocate Mr. Dushyant Dave and Ms. Mayuri Raghuvanshi, AoR, who argued that the excellence between the ten% quota the place restricted departmental examinations are held and the 65% quota would diminish if the precept of seniority isn’t utilized whereas making ready the choose checklist.
Previously, on 12.05.2023, the Supreme Court bench consisting of Justice M R Shah and C T Ravikumar had strongly criticized the State of Gujarat for issuing a notification for appointment primarily based on the Select checklist of 68 Judges who had been chosen by the process adopted by the Gujarat High Court. The courtroom had stayed the choose checklist. However, it restricted the keep to these promotees whose names don’t seem throughout the first 68 candidates within the benefit checklist. The courtroom had urged the matter to be heard by the bench led by the Chief Justice of India.
The courtroom has additionally proposed suggestions that may be applied by High Courts throughout the nation whereas contemplating for promotion within the 65% class.
