Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 510

SUPREME COURT OF INDIA
M.R. SHAH, C.T. RAVIKUMAR, JJ.
Ravikumar Dhansukhlal Maheta & Anr. - Appellants
Versus
High Court of Gujarat and Ors. - Respondents
Writ Petition © No. 432 of 2023
Decided On : 12-05-2023

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.

IMPORTANT POINT
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-seniority”, greater emphasis is given on merit and ability and seniority plays a less significant role.

Headnote:
Service Law – Promotion – Of Senior Civil Judges to Cadre of District Judge – Recruitment to Higher Judicial Services, i.e., cadre of District Judges will be on the basis of principle of “merit-cum-seniority” and passing a suitability test – Supreme Court has categorically emphasised merit-cum-seniority and passing a suitability test for promotion in cadre of Higher Judicial Service – While applying principle of “merit-cum-seniority”, greater emphasis is given on merit and ability and seniority plays a less significant role – Seniority is to be given weight only when merit and ability are approximately equal – In present case, after conducting written test which is one of components to assess suitability, High Court has considered merits only for the purpose of achieving benchmark and thereafter has switched to principle of seniority-cum-merit and thereby has given a go-by to the principle of merit-cum-seniority – Method adopted by High Court is just contrary to law – Merely because a wrong method is being adopted cannot be a ground to perpetuate the same if it is found to be illegal and/or contrary to directions issued by Supreme Court – Impugned Select List issued by High Court and subsequent Notification dated 18.04.2023 issued by State Government granting promotion to cadre of District Judge are illegal and contrary to relevant Rules and Regulations. [Rule 5 of Gujarat State Judicial Service Rules, 2005] (Paras 8.1, 8.2, 8.3, 8.4, 8.5, 8.8 and 9)
Facts of the case:
By way of this writ petition under Article 32 of 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 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 as well as Recruitment Notice – District Judge (65%) dated 12.04.2022.
Findings of Court:
Matter to be heard by Bench headed by Chief Justice of India, however, subject to and after obtaining appropriate orders from Chief Justice of India on the administrative side. Registry is directed to notify the present writ petition for final hearing on 08.08.2023.
Result : Writ Petition allowed.

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 High Courts.

2.2 In pursuance to the above directions, the High Court of Gujarat has framed the Gujarat State Judicial Service Rules, 2005, in which, 50 percent of the promotion from amongst the Senior Civil Judges (Senior Division) has been enhanced to 65 percent by way of amendment in the Rules, 2005 on 23.06.2011. Rule 5(1)(i) of the Rules, 2005 requires that 65 percent of the posts in the cadre of District Judges shall be filled in by way of promotion from amongst the Senior Civil Judges on the basis of “principle of merit-cum-seniority and passing a suitability test”.

2.3 The High Court of Gujarat at Ahmedabad issued an advertisement by way of Recruitment Notice – District Judge (65%) dated 12.04.2022 for the promotion to the cadre of District Judges from amongst the Senior Civil Judges on the basis of the principle of merit-cum-seniority and passing a suitability test to fill up 65 percent of the vacancies. The said Notification was issued alongwith list of 205 judicial officers in the cadre of Senior Civil Judges falling under the zone of consideration.

2.4 At this stage, it is required to be noted that in the Recruitment Notice itself, it was specifically mentioned that “promotion to the cadre of District Judge (65%) from amongst the Senior Civil Judges will be on the basis of principle of merit-cum-seniority and on passing a suitability test. In the Recruitment notice also, there was a reference to the suitability test, which comprised of four components for assessing the suitability of a judicial officer for promotion, which reads as under:-

Sr. No.	Components of Suitability Test	Marks
1.	Written Test (Objective Type - MCQs)	100
2.	Examination and Evaluation of Annual Confidential Reports for last five years.	20
3.	Assessment of Average Disposal of last five years of the Judicial Officer concerned.	20
4.	Evaluation of Judgments delivered by the Judicial Officer concerned during the period of last one year.	60

2.5 Written test was conducted by the High Court on 16.10.2022. The High Court declared a list on 17.11.2022 of 175 judicial officers, who appeared in the written test and qualified the written test. The petitioners were also declared qualified in the written test.

2.6 The High Court on 18.11.2022 called upon the month-wise list of judgments disposed of, civil and criminal cases, of the candidates, who have been declared qualified vide list dated 17.11.2022. The High Court declared on 10.03.2023, the Select List of Senior Civil Judges. The marks of the selected candidates were ranging between 148.50 to 100.50 marks. The petitioner No. 1 secured 135.50 out of 200 marks and the petitioner No. 2 secured 148.50 marks out of 200 and as though having higher marks, they were not appointed and/or