SC stays Gujarat government decision to promote 68 judicial officers as district judges

Among the 68 is Harish Hasmukh Bhai Varma, who had convicted Congress leader Rahul Gandhi in a defamation case in March this year, as a Surat magistrate. Varma, was promoted to the district judge cadre and his posting was notified for Rajkot.

The petitioners had contended that while according to the recruitment rules, posts of district judges had to be filled by reserving 65 per cent of the seats on merit-cum-seniority basis and the candidates clearing a suitability test, the merit-cum-seniority principle was given a go-by and the appointments are made on the basis of the seniority-cum-merit.

The court had issued a notice in the matter on April 13, 2023, and made it returnable on April 28. On the next date of hearing on April 28, a bench of Justices Shah and J B Pardiwala took exception to the state issuing the promotion order on April 18 despite the fact that it had already issued the notice.

The SC termed this as the state “overreaching” its orders.

“It is very unfortunate that, despite the fact that the respondents, more particularly, the state government, was aware of the present proceedings and the fact that, in the present proceedings, this court made the notice returnable on 28.04.2023, the state government has issued the promotion order dated 18.04.2023 i.e. after the receipt of the notice issued by this court in the present proceedings. In the promotion order dated 18.04.2023, even the state government has stated that the promotions which are given are subject to the outcome of the proceedings,” the bench said on April 28.

It added, “We do not appreciate the haste and hurry in which the state has approved and passed the promotion order dated 18.04.2023, when this court was seized with the matter and a detailed order was passed while issuing the notice”.

The bench also noted that day that “the selection was of the year 2022 and therefore there was no extraordinary urgency in passing the promotion order and that too when” it was seized of the matter and added that “we are prima facie of the opinion that it is nothing but overreaching the court’s process and the present proceedings”.

By its April 28 order, the Supreme Court also summoned the secretary of the state government to explain the “extraordinary urgency” shown in the matter in giving promotion and issuing the April 18 notification granting the promotion.

With Justice Shah set to retire on May 15, the matter will now be allotted to a new bench by the Chief Justice of India.

The petition was moved by two judicial officers of the senior civil judge cadre – Ravikumar Dhansukhlal Mehta, who is presently posted as under secretary on deputation at the legal department of the Gujarat government, and Sachin Prataprai Mehta, presently posted as assistant director at Gujarat State Legal Services Authority on deputation.

Among those made respondent parties were the Gujarat High Court through its registrar general, the Gujarat government through the secretary of the legal department, and the 68 candidates selected for promotion. Both petitioners had appeared for the written test for promotion to the cadre of district judge but had subsequently not been selected. Ravikumar had secured 135.5 marks out of 200 in the written test and Sachin had secured 148.5 out of 200. Sachin, in fact, had secured the highest marks in the written test.

(With additions from Sohini Ghosh in Ahmedabad)