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In the impugned order, the Supreme Court had noted that while conducting the written test, which is one of the components to assess the suitability, the High Court had considered the merits only for the purpose of achieving benchmark and thereafter has switched to the principle of seniority-cum-merit and thereby has given a go-by to the principle of merit-cum-seniority.
Referring to a recent order of the Supreme Court whereby the promotion of judicial officers from Gujarat were stayed, a CJI DY Chandrachud led bench was informed today that the aggrieved officers were humiliated by such order.
Senior Advocate Meenakshi Arora mentioned the aggrieved officers plea today and told court, "There is humiliation, that these judges have to face, UP has the same method."
CJI told Arora that the order was passed in fact by a coordinate bench of this court which was led by Justice MR Shah, who retired yesterday.
Justice Pardiwala further remarked that out of the 68 judges, 28 were still in the merit list.
When the senior lawyer pressed on the issue, saying that many of these judges were reitiring soon, CJI agreed to reassign the matter to a new bench, on account of Justice Shah retiring,
The Supreme Court last week had declared a Select List prepared by the Gujarat High Court on March 10, 2023 and the subsequent notification issued by the State Government on April 18, granting promotion to the cadre of District Judge to the judicial officers as illegal and contrary to the Rules and Regulations and to the decision of the top court in the case of All India Judges’ Association (2002).
A bench of Justices MR Shah and CT Ravikumar had thus said, "We are more than prima facie satisfied that the same as such are not sustainable... the High Court has adopted the wrong method".
The court, however, had said that at present the respective promotees have not assumed their posting on the promotional post and as such are sent for training, "we stay the further implementation and operation of the Select List dated 10.03.2023 issued by the High Court of Gujarat and the subsequent Notification dated 18.04.2023 issued by the State Government".
The court explained respective promotees should be sent to their original posts which they were holding prior to their promotion.
It was further directed that the writ petition filed by Ravikumar Dhansukhlal Maheta be placed for further hearing before a bench led by Chief Justice of India D Y Chandrachud subject to orders on administrative side.
Petitions were filed challenging the promotion of Senior Civil Judges to the Cadre of District Judge (65% quota) as being violative of Article 14 of the Constitution as well as Rule 5 of the Gujarat State Judicial Service Rules, 2005.
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