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M. R. SHAH, C. T. RAVIKUMAR
Ravikumar Dhansukhlal Maheta – Appellant
Versus
High Court of Gujarat – Respondent
Headnote: Read headnote
JUDGMENT :
M.R. Shah, J.
1. By way of this writ petition under Article 32 of the Constitution of India, the writ petitioners have prayed for an appropriate writ, direction or order to declare the Select List dated 10.03.2023 issued by the High Court of Gujarat at Ahmedabad for the promotion of Senior Civil Judges to the Cadre of District Judge (65% quota) as being violative of Article 14 of the Constitution of India as well as Rule 5 of the Gujarat State Judicial Service Rules, 2005 (hereinafter referred to as “Rules, 2005”) as well as the Recruitment Notice – District Judge (65%) dated 12.04.2022.
2. The facts leading to the present writ petition in nutshell are as under:-
2.1 That this Court in the case of All India Judges’ Association and Ors. v. Union of India and Ors., (2002) 4 SCC 247, had directed that the r
Recruitment to Higher Judicial Services (Cadre of District Judges) will be on the basis of principle of “merit-cum-seniority” and passing a suitability test – While applying principle of “merit-cum-s....
The High Court's revision of eligibility criteria for judicial promotions, requiring separate minimum marks in written and viva voce, is valid, distinguishing between different recruitment methods wh....
Promotions must be made in accordance with the merit-cum-seniority list prepared as per Rule 3 of G.O.Ms.No.15 dated 26.01.2009, and ignoring seniority to promote juniors is a violation of the rule p....
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
The court established that a promotion panel based on seniority-cum-merit remains valid until fully utilized, contrasting it with merit-cum-seniority processes.
The main legal point established in the judgment is the application of the seniority-cum-merit criterion in promotion decisions, emphasizing the priority of seniority over merit, as per the Rules of ....
Vested rights from recruitment advertisements must be respected and seniority must be determined based on established rules in force at the time of recruitment, which cannot be altered retroactively ....
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