Read Time: 07 minutes

Synopsis

The Supreme Court on January 15, 2025, held that that civil judges cannot be denied their rightful promotion to district judge positions solely based on lower rankings in the merit list, provided they have successfully cleared the suitability test.

A bench of Justices B V Nagarathna and Satish Chandra Sharma allowed civil appeals filed by Dharmendra Kumar Singh and others against the Jharkhand High Court's judgment of June 29, 2022, which declined to quash the notification of May 30, 2019, concerning the appointment of the private respondents to the post of district judge in the Jharkhand Superior Judicial Service on promotion.

The High Court had issued a notification on May 19, 2018, for appointment to the Jharkhand Superior Judicial Service, and the appellants, appointed initially as civil judges (junior division), participated in the selection process, which was governed by Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rule, 2001.

The rules provided for promotion by limited competitive examination, promotion from Civil Judge (Senior Division), and by direct recruitment. The quota for direct recruitment was 25%, the quota for promotion based upon merit-cum-seniority and passing of suitability test was 65% and the remaining was to be filled up by limited competitive examination.

"It is undisputed fact that the cut off marks for determining suitability of a candidate for promotion was fixed as 40 marks and undisputedly appellants have obtained more than 40 marks, however, the persons junior to them were promoted by preparing a merit list and by promoting those who have more marks than the appellants," the bench noted.

The High Court, however, dismissed writ petitions filed by the appellants on the ground that appellant no. 1 got 50 marks, appellant no. 2 got 50 marks, appellant no. 3 got 43 marks and the last selected candidate got 51 marks.

Before the apex court, the appellants cited the judgment delivered by a three-judge bench of the apex court in the case of Ravikumar Dhansukhlal Maheta and Another Vs High Court of Gujarat and Others (2024) to contend that in similar circumstances in respect of similar criteria, the court has held that the suitability of each candidate has to be tested on his own merit and a comparative assessment cannot be made and the promotion cannot be solely based upon merit list.

In light of the judgment, the bench said, "As the appellants have successfully qualified the suitability test, they could not have been deprived of their legitimate right of promotion only on account of lower placement in the merit list."

The court was informed the appellants had subsequently been promoted and the issue remained of their seniority alone.

"In view of the judgment rendered by this court in the case of Ravikumar Dhansukhlal Maheta and Another, the appellants are certainly entitled for promotion from the same date the other officers from the select list prepared by the High Court of Jharkhand have been appointed to the post of district judge in terms of notification of May 30, 2019," the bench said.

The court thus set aside the High Court judgment, by holding the appellants would be entitled for notional promotion from the date other officers have been promoted to the post of district judge in terms of notification of May 30, 2019.

"They shall also be entitled for all consequential service benefits, including, seniority, increments, notional pay fixation etc., however, they shall not be entitled for any back wages," the bench clarified.

Case Title: Dharmendra Kumar Singh & Ors Vs The Hon'ble High Court of Jharkhand & Ors