The Supreme Court docket has affirmed the Gujarat Excessive Court docket’s course of for selling Senior Civil Judges to the cadre of District Judges beneath the 65% quota based mostly on merit-cum-seniority. In an impactful verdict right this moment, the supreme courtroom acknowledged the strategy which is at present assessing the “merit-cum-seniority” precept, as established by the Gujarat Excessive Court docket.
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 have been unsuccessful of their bid for promotion to the place of District Decide through the 65% promotion quota.
Justice Pardiwala’s judgment highlighted that the Excessive Court docket has the authority to determine the process in accordance with the All India Judges Affiliation- II judgment and the process applied by the Excessive Court docket as per Rule 5 of The Gujarat State Judicial Service Guidelines, 2011.
The petitioners have 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 advantage record is created based mostly on the suitability take a look at, it needs to be made the choose record.
The crux of the problem was whether or not the Excessive Court docket 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 record.
The Gujarat Excessive Court docket, 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 Excessive Court docket points the promotion notification, which incorporates the names of the candidates within the zone of consideration. Due to this fact, as soon as a candidate passes the suitability take a look at and achieves the minimal marks, thereby qualifying the advantage facet, the choose record is then ready based mostly on seniority. The profitable judges have been represented by Senior Advocate Mr. Dushyant Dave and Ms. Mayuri Raghuvanshi, AoR, who argued that the excellence between the 10% quota the place restricted departmental examinations are held and the 65% quota would diminish if the precept of seniority just isn’t utilized whereas making ready the choose record.
Beforehand, on 12.05.2023, the Supreme Court docket bench consisting of Justice M R Shah and C T Ravikumar had strongly criticized the State of Gujarat for issuing a notification for appointment based mostly on the Choose record of 68 Judges who have been chosen by the process adopted by the Gujarat Excessive Court docket. The courtroom had stayed the choose record. Nevertheless, it restricted the keep to these promotees whose names don’t seem inside the first 68 candidates within the advantage record. The courtroom had advised 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 Excessive Courts throughout the nation whereas contemplating for promotion within the 65% class.