Gujarat High Court's Promotion Method for District Judges Declared Illegal; Select List and Notification Stayed: Supreme Court

Today On 12 May 2023, the Supreme Court of India declared the promotion method adopted by the Gujarat High Court for District Judges as illegal and contrary to relevant rules and regulations. The Court ordered a stay on the implementation and operation of the Select List and subsequent Notification issued by the State Government. The judgment emphasized the importance of following the principle of merit-cum-seniority and passing a suitability test for promotions in the judiciary.

Background: The case pertained to promotions to the post of District Judges in Gujarat, governed by the Gujarat State Judicial Service Rules, 2005, as amended in 2011. The rules mandated promotions based on the principle of merit-cum-seniority and passing a suitability test. The High Court had been following a promotion method that deviated from this principle, leading to the present legal challenge.

Key Findings:

1. Overruling Objection to Entertain Writ Petition: The Court rejected the respondents' objection to entertaining the writ petition under Article 32 of the Constitution, citing the previous approval of the impugned decision by the Full Court of the High Court and the acceptance of a similar petition previously.
2. Incorrect Promotion Method: The Court found that the High Court's promotion method, which considered merit only for achieving a benchmark and then switched to seniority-cum-merit, was contrary to the principle of merit-cum-seniority emphasized in the case of All India Judges' Association and Ors. and the Gujarat State Judicial Service Rules, 2005.
3. Illegal Select List and Notification: The Court concluded that the Select List issued by the High Court and the subsequent Notification by the State Government granting promotions to the cadre of District Judge were illegal and inconsistent with the relevant rules, regulations, and previous court decisions.
4. Stay on Implementation: The Court imposed a stay on the further implementation and operation of the Select List and Notification. The promotees were directed to return to their original posts, pending the final outcome of the writ petition. However, the stay order did not apply to those promotees whose names were among the top 68 candidates in the Merit List, ensuring they would retain their promotions on merit.
5. Referral for Final Hearing: Considering the significance of the matter and the observations made in the case of All India Judges' Association and Ors., the Court referred the case to a bench headed by the Chief Justice of India for a final hearing. This referral is subject to obtaining appropriate orders from the Chief Justice on the administrative side.

Conclusion: The Supreme Court's judgment has invalidated the promotion method employed by the Gujarat High Court for District Judges, emphasizing the importance of adhering to the principle of merit-cum-seniority and passing a suitability test. The Court's stay on the implementation and operation of the Select List and Notification has suspended the promotions, with a limited exception for the top 68 candidates in the Merit List. The case will now be heard by a bench headed by the Chief Justice of India for a final resolution.

Case Title: State of Gujarat v. Gujarat State Judicial Service Association & Ors.

Date of Decision: May 12, 2023

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