Gujarat State Judicial Service Rules, 2005 – Rule 5(1) – Two judicial officers challenged the promotion process for Civil Judges (Senior Division) to the post of Additional District Judge, arguing that the High Court of Gujarat incorrectly applied the principle of ‘Merit-cum-Seniority’ instead of ‘Seniority-cum-Merit’ as stipulated by the Gujarat State Judicial Service Rules, 2005 – The main issue was whether the promotion process adhered to the principle and if the final Select List was in contravention of this principle – The petitioners contended that the High Court wrongly assessed all eligible candidates for a minimum merit level and then promoted them based on seniority, which equates to ‘Seniority-cum-Merit’ – The High Court argued that ‘Merit-cum-Seniority’ should not be confused with pure merit and that seniority should also be considered – The Court analyzed the maintainability of the writ petition under Article 32, the legislative history of the 2005 Rules, and the decision in All India Judges’ Association (3), emphasizing the need for merit-based criteria for promotion in the Higher Judicial Service – The final decision on the promotion process’s adherence to ‘Merit-cum-Seniority’ was to be determined.
(2024) INSC 436 SUPREME COURT OF INDIA FULL BENCH RAVIKUMAR DHANSUKHLAL MAHETA AND ANOTHER — Appellant Vs. HIGH COURT OF GUJARAT AND OTHERS — Respondent ( Before : Dhananjaya Y.…