SC halts promotion of Rahul case judge, 67 others

NEW DELHI: The Supreme Court on Friday stayed the promotion of 68 judicial officers in Gujarat as district judges for violation of the “merit-cum-seniority” principle and directed that they be sent to the earlier post till the case is finally adjudicated. Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma, who recently convicted Congress leader Rahul Gandhi in a criminal defamation case, is also one of them.
A bench of Justices M R Shah and C T Ravikumar said the process adopted by the Gujarat High Court was violative of the apex court ruling. The court noted that the candidates/civil judge (senior division), who have secured much more marks, have been denied promotion and those having less marks (less meritorious) promoted. Giving an example of the two petitioners who are senior civil judges, the court said that they had secured 135.50 and 148.50 (out of 200 marks), while another candidate with 101 marks got the promotion.
"Thus, we are more than satisfied that the impugned list dated March 10 issued by the high court and the subsequent notification dated April 18 issued by the state government granting promotion to the cadre of district judge are illegal and contrary to the relevant Rules and Regulations and even to the decision of this court in the case of All India Judges’ Association and Ors. Therefore, we are more than prima facie satisfied that the same as such are not sustainable," the court said.
The top court rejected the plea of the high court which contended that this procedure was being followed since 2011 and the same is also being followed in other high courts. It said merely because a wrong method is being adopted cannot be a ground to perpetuate the same, if it is found to be illegal and/or contrary to the directions issued by this court.
"Taking into consideration the fact that the state government has issued the impugned notification dated April 18 during the pendency of the present writ petition and after the receipt of the notice issued by this court in the present proceedings and, thus, despite in knowledge of the present proceedings, however, subject to the ultimate outcome of the present writ petition and as observed hereinabove, the state government could have waited till the next date of hearing by this court, which was on April 28. At present the respective promotees have not assumed their posting on the promotional post and as such are sent for training, we stay further implementation and operation of the select list issued by the high court of Gujarat and the subsequent notification issued by the state government. Meaning thereby, the respective promotees be sent to their original posts which they were holding prior to their promotion," the bench said.
"The high court has considered merit only for the purpose of achieving the benchmark and thereafter switched to seniority-cum-merit and has given promotion on the basis of seniority only amongst those, who have achieved the benchmark of 50 percent (in the written test),” it said.