Ravikumar Dhansukhlal Maheta vs High Court of Gujarat

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 510

M. R. SHAH, C. T. RAVIKUMAR
Ravikumar Dhansukhlal Maheta – Appellant
Versus
High Court of Gujarat – Respondent

Advocates appeared:
For the Petitioner(s): Mr. Basant R., Sr. Adv. Mr. Purvish Jitendra Malkan, AOR Mr. Akshay Sahay, Adv. Ms. Dharita Purvish Malkan, Adv. Mr. Alok Kumar, Adv. Mr. Deepak Mani Tripathi, Adv. Ms. Deepa Gorasia, Adv. Ms. Rumi Chanda, Adv. Mr. Ajit Rao, Adv.
For the Respondent(s): Mr. S.V. Raju, A.S.G. Mr. Nikhil Goel, AOR Mr. Malak Bhat, Adv. Ms. Naveen Goel, Adv. Mr. Annam Venkatesh, Adv. Mr. Sairica Raju, Adv. Mr. Ankit Bhatia, Adv. Mr. Harsh Paul Singh, Adv. Mr. Hirarth Raja, Adv. Mr. Madhumitha Kesavan, Adv. Mr. Kartik Kaushl, Adv. Mr. Adhitya Koshy Roy, Adv. Ms. Deepanwita Priyanka, AOR Ms. Meenakshi Arora, Sr. Adv. Ms. Mayuri Raghuvanshi, AOR Mr. Vyom Raghuvanshi, Adv. Mr. Tushar Arora, Adv. Ms. Akanksha Rathore, Adv. Mr. Arpit Gupta, AOR Mr. Aditya Choksi, Adv. Mrs. Meenakshi Devgan, Adv. Mr. Girish Bhardwaj, Adv. Mr. Abhilekh Tiwari, Adv. Mr. Dushyant Dave, Sr. Adv. Mr. Shashank Shekhar Singh, Adv. Mr. Sandeep Kumar Jha, AOR Ms. Ayushi Gaur, Adv. Mr. Aakshat Malpani, Adv.

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 recruitment to the Higher Judicial Services, i.e., the cadre of District Judges will be on the basis of principle of “merit-cum-seniority” and passing a suitability test. This Court also further directed that the appropriate Rules shall be framed as above by the respective

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2023 Supreme(SC) 510

M. R. SHAH, C. T. RAVIKUMARRavikumar Dhansukhlal Maheta – AppellantVersusHigh Court of Gujarat – Respondent

Cases Referred (9)

M. R. SHAH, C. T. RAVIKUMAR
Ravikumar Dhansukhlal Maheta – Appellant
Versus
High Court of Gujarat – Respondent