The Aryavarth Express
Agency(New Delhi):In a recent judgment, the Supreme Court upheld the Gujarat High Court’s 2023 recommendations for promoting Senior Civil Judges to District Judges based on the merit-cum-seniority principle. The bench, comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, also suggested enhancements to the suitability test employed in these promotions.
Rule 5 of the Gujarat State Judicial Service Rules, 2005, mandates that 65% of District Judge positions be filled through promotions from Senior Civil Judges, using the merit-cum-seniority principle and a suitability test. The Supreme Court suggested that the Gujarat High Court amend its rules to align with the Uttar Pradesh Higher Judicial Service Rules, 1975, to make the suitability test more comprehensive.
Key Recommendations:
1. Viva Voce Addition: Include an interview or viva voce as part of the suitability test to assess candidates’ abilities and knowledge.
2. Increased Passing Marks: Raise the minimum passing marks required for each component of the suitability test.
3. Judgment Evaluation Period: Evaluate candidates’ judgments from the last two years instead of just one year.
4. Seniority in Scoring: Incorporate seniority into the test scoring rather than considering it only after the test.
The court highlighted the necessity of these enhancements to ensure an objective and productive assessment of candidates.
In the case presented, the writ petitioners challenged the Select List dated March 10, 2023, issued by the Gujarat High Court for promoting Senior Civil Judges to District Judges (65% quota). They claimed that the list violated Article 14 of the Constitution and Rule 5 of the Gujarat State Judicial Service Rules, 2005.
The Supreme Court reiterated the principle from the All India Judges’ Association (3) decision, stating that merit-cum-seniority should be determined through a suitability test. The suitability test should assess various factors, including legal knowledge, judgment quality, Annual Confidential Reports (ACRs), and efficiency during tenure.
The court explained that the suitability test ensures that only candidates with the necessary merit are promoted, regardless of their seniority. Seniority is applied after determining merit to finalize the promotion list.
The court concluded that the existing suitability test conforms to the merit-cum-seniority principle and does not violate the selection process. However, the court’s recommendations aim to make the test more rigorous and effective.
The Supreme Court concluded that while the existing suitability test is valid, the Gujarat High Court should consider enhancing it to ensure a more thorough evaluation of candidates. The court’s suggestions aim to balance merit and seniority, ensuring that promotions are both fair and based on a comprehensive assessment of each candidate’s abilities.
The court’s recommendations include adding a viva voce component, increasing passing marks, extending the judgment evaluation period to two years, and integrating seniority into the test scoring. These enhancements are intended to improve the effectiveness and fairness of the suitability test used in judicial promotions.
