IMPORTANT POINTS
(1) Appointment on Post of District Judge – When appellants have successfully qualified suitability test, they could not have been deprived of their legitimate right of promotion only on account of lower placement in merit list.
(2) Promotion – Suitability of each candidate has to be tested on his own merit and a comparative assessment cannot be made and promotion cannot be solely based upon merit list.

ORDER

SATISH CHANDRA SHARMA, J.

1. The present appeal is arising out of judgment dated 29.06.2022 passed by High Court of Jharkhand in Writ Petition (C) No. 3771/2019, by which the High Court has declined to entertain the relief for quashment of notification dated 30.05.2019 whereby the private respondents have been appointed to the post of District Judge in the Jharkhand Superior Judicial Service on promotion in the State of Jharkhand.

2. The facts of the case reveal that appellant No. 1 was initially appointed as Munsif [Civil Judge (Junior Division)] and was promoted on 23.07.2014 in the cadre of Civil Judge (Senior Division) and appellant Nos. 2 and 3 who were initially appointed as Civil Judge (Junior Division) were promoted to the cadre of Civil Judge (Senior Division) on 20.04.2016. In the combined gradation list of judicial officers in the State of Jharkhand, the names of appellant Nos. 1, 2 and 3 find place at serial Nos. 141, 195 and 204 respectively. The High Court of Jharkhand issued a notification dated 19.05.2018 for appointment in the Jharkhand Superior Judicial Service and the appellants participated in the selection process. The rules governing the field known as Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rule, 2001, provides for a process of appointment to the service and Rules 4 and 5 of the said Rules, read as under:

“4. APPOINTMENT TO THE SERVICE:

Appointment to the Service, which shall in the first instance ordinarily be to the post of Additional District Judge, shall be made by the Governor, in consultation with High Court:

(a) by direct recruitment of persons as recommended by the High Court for such appointment under clause (2) of Article 233 of the Constitution of India;

(b) by promotion from amongst the Sub-Judges (Civil Judge, Senior Division) on the basis of merit- cum-seniority and passing a suitability test and;

(c) by promotion on the basis of Limited Competitive Examination of club Judges (Civil Judge, Senior Division) having not less than 5 years service in the same cadre.

5. Of the total post in the cadre of service:-

(i) 65% shall be filled in by promotion from amongst the Sub Judges (Civil Judge, Senior Division) on the basis of merit-cum-seniority and passing a suitability test as may from time to time be prescribed by the High Court.

(ii) 10% shall be filled in by promotion (by way of selection) strictly on the basis of merit through a limited Competitive examination of Sub Judges (Civil Judge, Senior Division) having not less than 5 years service and also having due regard to his service records in the past.

Provided, if candidates are not available for 10% quota, or are not able to qualify in the examination, then vacant post shall be filled up by regular promotion.

(iii) 25% shall be filled in by direct recruitment from the Bar on the basis of written test and viva-voce conducted by the High Court.

(iv) The suitability test as provided in Clause (i) above shall comprise of:-

(a) Interview of 20 Marks,

(b) 60 Marks shall be earmarked on the basis of Service Profile depending on the remarks earned by the Officer in his A.C.R. during last 10 (ten) years of service, which may include the Service as Civil Judge (Junior Division).

The marking pattern shall be as follows for this section:-

Outstanding -	6 Marks.
Very Good -	5 Marks.
Good -	4 Marks
Satisfactory -	3 Marks.
Average -	2 Marks
Poor -	1 Mark.

(c) Evaluation of Judgement - 10 Marks.

(d) Maximum of 10 Marks shall be earmarked on the basis of 1 mark against each year of completion of Service as Civil Judge (Senior Division) by the Officer.

The candidate obtaining minimum 40 Marks in aggregate shall be treated suitable for appointment on promotion. However, the intense seniority in the Cadre of Superior Judicial Service of such suitable candidates/Officers shall be determined in terms of Rules 8(b) of these Rules