VidhiSangh

Supreme Court of India · 12/05/2023

RAVIKUMAR DHANSUKHLAL MAHETA & ANR. versus HIGH COURT OF GUJARAT AND ORS.

[2023] 5 S.C.R. 416 · 2023 INSC 532

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Summary

By an interim order, the Court stayed Gujarat District Judge promotions only for promotees outside the first 68 candidates in the aggregate merit list. It provisionally found that ranking qualified candidates by seniority after applying a minimum benchmark departed from the prescribed merit-cum-seniority method. Promotions of those already within the first 68 on merit continued. The writ petition was left pending for final hearing, subject to the Chief Justice’s administrative directions.

Issues

  1. Whether the promotion method prima facie complied with merit-cum-seniority under the Gujarat judicial-service rules.
  2. Whether longstanding use of the method or the Court’s monitoring of recruitment precluded its examination.
  3. What interim protection was warranted pending final adjudication of the writ petition.

Provisions considered

Held

Result

Limited interim stay of the selection and promotion notification for promotees outside the first 68 on merit; affected promotees to return to original posts. Other specified promotions continued. Writ petition retained for final hearing, with listing directions.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 416.