New Delhi: The Supreme Court on Friday stayed the promotion of judicial officers as district judges in Gujarat based on the seniority-cum-merit rule – where seniority is given preference over merit.
The top court took exception to the fact that the state government had notified the promotions while their legality was sub-judice before the court.
A bench of Justices M.R. Shah and C.T. Ravikumar stayed the recommendations made by the Gujarat High Court promoting the judges, and the subsequent government notification to implement the recommendation.
The apex court, in its order, sent back the “respective promotees to their original post which they were holding before promotion”.
Justice Shah said: “Promotions must be made on principle of merit-cum-seniority and on passing a suitability test. Recommendations by HC and subsequent government notification are illegal.”
This is, however, an interim order as the bench directed the matter to be heard by an appropriate bench later as Justice Shah is retiring on 15 May.
Justice Shah told Bar and Bench Sunday that Judge Harish Hasmukh Bhai Varma, who convicted Congress leader Rahul Gandhi in a criminal defamation case, would not fall under the ambit of the stay.
“This is because the order had made it clear that the stay will not apply to those who would get promoted based on merit alone, since they would make it even if the promotion was based on merit,” the report said.
Justice Shah said: “The order has nothing to do with one person. The issue was about merit-cum-seniority or seniority-cum-merit… Promotions of only persons falling outside the merit list (and who were promoted based on seniority) have been stayed.
Shah also said the judge who convicted Congress leader Rahul Gandhi in a criminal defamation case, Harish Hasmukh Bhai Varma, was getting the promotion on merit. “He is first among the 68 in terms of merit,” said the justice who retired from the Supreme Court on 15 May.
(An earlier version of this copy had said Harish Hasmukh Bhai Varma was among the 68 judges whose promotion would be affected. The error is regretted.)
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