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SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., J.B. PARDIWALA, MANOJ MISRA, JJ.
Ravikumar Dhansukhlal Maheta & Anr. – Petitioners
Versus
High Court of Gujarat & Ors. – Respondents
Writ Petition (C) No. 432 of 2023
Decided On : 17-05-2024
JUDGMENT :
J.B. Pardiwala, J.
For the convenience of exposition, this judgment is divided in the following parts: -
| INDEX |
| A. FACTUAL MATRIX i. Method of Promotion followed by the High Court of Gujarat |
| B. REFERENCE ORDER |
| C. SUBMISSIONS ON BEHALF OF THE PETITIONERS |
| D. SUBMISSIONS ON BEHALF OF THE HIGH COURT |
| E. SUBMISSIONS ON BEHALF OF THE PROMOTED CANDIDATES |
| F. POINTS FOR DETERMINATION |
| G. ANALYSIS i. Maintainability of the present Writ Petition under Article 32 ii. The Legislative History and Scheme of the Gujarat State Judicial Service Rules, 2005 a. Shetty Commission on Judicial Reforms and the Decision of this Court in All India Judges’ Association (3) b. Relevant Statutory Provisions of the Gujarat State Judicial Service Rules, 2005 iii. Evolution of the Principles of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ in Service Jurisprudence a. Concept of Promotion: The meaning and origin of seniority and merit as parameters. b. Principle of ‘Merit-cum-Seniority’ and ‘Seniority-cum-Merit’ in Service Jurisprudence c. ‘Hybrid-Dynamic Mode of Promotion’ in Service Jurisprudence d. High Court as a custodian of the District Judiciary under Article 235 of the Constitution iv. What is ‘Merit-cum-Seniority’ for the purpose of Promotion to the cadre of District & Sessions Judges? a. Intention behind the decision in All India Judges’ Association (3) |
| H. FEW SUGGESTIONS TO MAKE THE SUITABILITY TEST MORE MEANINGFUL |
| I. CONCLUSION |
1. Two judicial officers of the rank of Civil Judge (Senior Division) governed by the Gujarat State Judicial Service Rules, 2005 (for short, the “2005 Rules”) have invoked the jurisdiction of this Court under Article 32 of the Constitution. Their grievance against the High Court of Gujarat is that it erroneously applied the principle of ‘Seniority-cum-Merit’ in the recruitment undertaken by it in the year 2022 for promotion of Civil Judges (Senior Division) to the post of Additional District Judge against 65% quota, though Rule 5(1) of the 2005 Rules stipulates that the promotion shall be based on the principle of ‘Merit-cum-Seniority’. In other words, it is contended that the High Court wrongly subjected all eligible candidates in the feeder cadre i.e., Civil Judge (Senior Division) to a process of assessment of a specified level of minimum merit and then proceeded to prepare the final Select List strictly in accordance with the seniority of the candidates. This according to the petitioners is nothing but ‘Seniority-cum-Merit’.
A. FACTUAL MATRIX
2. The High Court of Gujarat issued an advertisement/recruitment notice dated 12.04.2022 notifying a total of 68 vacancies in the cadre of District Judges for promotion of Civil Judges (Senior Division) against the 65% quota on the basis of ‘Merit-cum-Seniority’ and passing a Suitability Test as envisaged under Rule 5(1)(I) of the 2005 Rules. The said advertisement/recruitment notice reads as under: -
“HIGH COURT OF GUJARAT AT SOLA,
AHMEDABAD
Website: www.gujarathighcourt.nic.in AND https://hc-
ojas.gujarat.gov.in
NO.RC/1250/2022
RECRUITMENT NOTICE - DISTRICT JUDGE (65%)
PROMOTION TO THE CADRE OF DISTRICT JUDGE (65%) FROM AMONGST THE SENIOR CIVIL JUDGES ON THE BASIS OF PRINCIPLE OF MERIT-CUM-SENIORITY AND PASSING A SUITABILITY TEST.
1. VACANCIES AND PAY-SCALE :
(i) In view of the guidelines of the Hon’ble Supreme Court in the case of Malik Mazhar Sultan & Anr. Vs. UP Public Service Commission & Ors. and The Gujarat State Judicial Service Rules, 2005, as amended from time to time, The High Court of Gujarat has decided to fill up 68 (53+15) vacancies in the cadre of District Judges (65%) by promotion from amongst us the Senior Civil Judges (including ad-hoc Additional District Judges) having not less than two years of qualifying service in that cadre as on 25/03/2022, in the pay-scale of Rs. 51650-632
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