Summary
Following Ravikumar Dhansukhlal Maheta v. High Court of Gujarat, the Supreme Court held that Civil Judges (Senior Division) who cleared the 40-mark suitability test for the 65% merit-cum-seniority promotion quota to the Jharkhand Superior Judicial Service could not be passed over merely because juniors ranked higher on a merit list, and granted them notional promotion from the date of the 2019 promotions.
Issues
- Whether, for the 65% promotion quota based on merit-cum-seniority and a suitability test under the Jharkhand Superior Judicial Services Rules, 2001, the High Court could promote juniors by preparing a merit list and bypass seniors who had secured the minimum 40 marks.
- What relief the appellants, since promoted, were entitled to in respect of their seniority.
Provisions considered
- Rules 4 and 5, Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rules, 2001Rule 5(i) fills 65% of posts by promotion of Civil Judges (Senior Division) on merit-cum-seniority and a suitability test; Rule 5(iv) makes a candidate scoring at least 40 marks in aggregate suitable for promotion. The Court held that candidates crossing that threshold could not be denied promotion for a lower place on a merit list. (¶¶ 2, 3, 5)
Held
- Applying Ravikumar Dhansukhlal Maheta v. High Court of Gujarat (2024), the suitability test for the 65% merit-cum-seniority quota is not a competitive examination; once the appellants qualified in the suitability test by crossing the prescribed 40-mark cut-off, they could not be deprived of promotion only because of their lower placement in a merit list prepared by the High Court. (¶¶ 3, 4, 5)
- Since the appellants had meanwhile been promoted and only seniority remained in issue, they were entitled to promotion from the same date as the officers appointed District Judges from the select list under the notification dated 30.05.2019. (¶ 5)
Result
Appeal allowed; High Court's judgment set aside; appellants granted notional promotion from the date others were promoted under the notification dated 30.05.2019, with consequential benefits including seniority, increments and notional pay fixation, but without back wages.