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Ravikumar Dhansukhlal Maheta & Anr. vs. High Court of Gujarat and Ors. (Writ Petition (C) No. 432 of 2023)

Not available · 2023 INSC 532Decided 12 May 2023
Not available
M.R. Shah · C.T. Ravikumar

Background

Under the Gujarat State Judicial Service Rules, 2005, 65% of District Judge posts are to be filled by promoting Senior Civil Judges strictly on the basis of "merit-cum-seniority" plus a suitability test, following a Supreme Court direction in the All India Judges' Association case. The Gujarat High Court conducted a suitability test (written exam, evaluation of judgments, disposal rate, and confidential reports) and issued a Select List of 68 promotees on 10.03.2023. The petitioners: Senior Civil Judges who scored 135.5 and 148.5 marks out of 200 (the latter the highest score of all candidates): were left out, while candidates with fewer marks (including one with only 101 marks) were promoted. They challenged the list directly before the Supreme Court under Article 32, arguing the High Court had actually applied "seniority-cum-merit" (a minimum-merit threshold followed by seniority-based selection) while calling it "merit-cum-seniority," contrary to the Rules.

Decision Breakdown

The Court explained the settled legal distinction between the two promotion principles: under "merit-cum-seniority," merit and ability are given greater weight and seniority is a tie-breaker only when merit is approximately equal, whereas "seniority-cum-merit" only screens candidates for a minimum threshold of merit and then promotes strictly by seniority. Examining the High Court's own explanation of its process (candidates needed to cross a minimum eligibility threshold in each component and 50% overall, after which selection was purely by seniority), the Court found this was in substance "seniority-cum-merit" wrongly dressed up as "merit-cum-seniority," since far more meritorious candidates (including the top scorer) were bypassed in favour of less meritorious ones. The Court held it was prima facie satisfied that the Select List dated 10.03.2023 and the consequent government notification of appointments were illegal and contrary to the Rules and to binding precedent. Rather than finally quashing the list at this stage (since one of the affected promotees' counsel requested only interim relief), the Court stayed further implementation of the promotions, except for the promotees who would in any case fall within the top 68 on a genuine merit basis, and directed that the case be listed for final hearing before a bench headed by the Chief Justice of India.

Lesson Learnt

A recruiting or promoting authority cannot relabel a "seniority-cum-merit" process as "merit-cum-seniority". Courts will look past the label to the actual method used (whether merit genuinely drives selection, or is reduced to a bare minimum threshold before seniority takes over), and applicants who are demonstrably more meritorious under the rules can seek interim protection even before a final hearing.

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

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