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Dharmendra Kumar Singh v. The Hon'ble High Court of Jharkhand

Civil Appeal · 2025 INSC 72Decided 15 Jan 2025
C.A. No.-000299-000299 of 2025 (arising from SLP (C) No. 17304 of 2022)
Mrs. Justice B.V. Nagarathna · Justice Satish Chandra Sharma

Background

Three Jharkhand civil judges took a suitability test for promotion to the Superior Judicial Service, for which the cutoff was 40 marks. All three scored above 40, but they were passed over because other, more junior candidates scored higher and were placed above them on a merit list. Their challenge was rejected by the Jharkhand High Court.

Decision Breakdown

The Supreme Court, relying on its own recent three-judge bench ruling in Ravikumar Dhansukhlal Maheta v. High Court of Gujarat, held that the 65% promotion quota reserved for "merit-cum-seniority" is not meant to work like a competitive exam with a ranked merit list. Once a judicial officer clears the suitability threshold, they cannot be denied promotion simply because someone else scored higher. Since the appellants had already crossed 40 marks, they were wrongly denied promotion. The Court allowed the appeal and directed that they be given notional promotion from the date their juniors were promoted, along with consequential seniority and benefits, but without back wages.

Lesson Learnt

In promotions reserved for "merit-cum-seniority," clearing the minimum qualifying standard is what matters, turning it into a race for the highest marks defeats the purpose of that quota and can be struck down by courts.

Official source (sci.gov.in)View Judgment (PDF)

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