Supreme Court upholds District Judges' promotion policy of Gujarat High Court

The Supreme Court on Friday upheld the District Judges' promotion policy 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. .A three-judge Bench of Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra held that the policy satisfies twin test of subjective knowledge of candidate and continuous evaluation of the candidate.The Court, therefore, also lifted the stay it had earlier imposed on the decision of the Gujarat High Court and the subsequent State government notification to promote 68 judicial officers to the post of district judges."This final select list of the High Court is not violative of the principle of seniority cum merit. All petitions fail and the interim order granted earlier stands vacated," the Court ordered.However, the Court also clarified that its judgment shall not be the basis for nullifying the promotions in higher judicial services by any other High Court..The judgment came on a plea filed by aspirants of district judge posts who moved the Court seeking promotion to the post of District Judge by way of 65% promotion quota. They challenged the Gujarat government's and Gujarat High Court's move to make appointments claiming that the promotion was being made on the basis of seniority-cum-merit and not merit-cum-seniority.It was contended that the same should have been on the existing principle of merit-cum-seniority as per which merit is given preference over seniority.It was contended that selection list dated March 10, 2023 and the further promotion order dated April 18, 2023 issued by the Government of Gujarat were absolutely illegal and contrary to Rule 5(1)(i) of the Rules, 2005 as amended in 2011 as well as the Recruitment Notice – District Judge (65%) dated April 12, 2022.It was also highlighted that the Supreme Court in the case of All India Judges’ Association and Ors. vs. Union of India and Ors. had directed that the recruitment to the higher judicial services, i.e., the cadre of District Judges should be on the basis of principle of 'merit-cum-seniority' and passing a suitability test and not on the basis of 'seniority-cum-merit'.Despite that, candidates with much lower marks than the petitioners have been appointed, it was contended.The petitioners were represented by Senior Counsel R Basant and PS Patwalia, who argued that the principle of seniority was 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 Gujarat High court of Gujarat, represented by Senior Advocate V Giri assisted by advocate Vishakha, 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 candidates were represented by Senior Counsel Dushyant Dave and advocate Mayuri Raghuvanshi, 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.The top court today upheld the policy followed by the High Court.The judgment emphasised that the High Court has the power to determine the procedure in compliance with 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 Court also formulated suggestions that can be adopted by High Courts across the nation while considering for promotion in the 65% category..Interestingly, the promotion list was in the news after it came to light that among the 68 promoted was Surat Judicial Magistrate Harish Hasmukhbhai Varma who had held Congress leader Rahul Gandhi guilty of criminal defamation in March 2023 and sentenced him to two years of simple imprisonment.