Association Of Judges Writes To SC & Gujarat HC For Postponement Of 'Suitability Test' For Judicial Officers For Promotion To District Judiciary Cadre

Significantly, the test is scheduled to be conducted tomorrow, i.e., April 4, at Ahmedabad. 66 Subordinate Judicial Officers have been summoned for the purpose.

The Association has submitted that Ahmedabad is facing the worst phase of Covid¬19 and cases are rapidly increasing hour by hour. Moreover, 5 to 6 Officers who are summoned have already tested positive of Covid-19.

In this backdrop the Association said,

"We feel great pain to say that arranging such test at Ahmedabad during this peak period of pandemic is very insensitive step on part of the Recruitment branch of the High Court of Gujarat."

It stated that since Judicial Officers are being forced to travel from far off places during the pandemic, possibilities are there that many officers will avoid this test.

"This not only denial of the equal opportunity for the promotion but gross discrimination and breach of the fundamental right of consideration for the promotion," it added.

In this regard, it referred to Ajit Singh & Ors. v. State of Punjab & Ors., (1999) 7 SCC 209, whereby the Supreme Court held,

"Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be "considered" for promotion. Equal opportunity here means the right to be considered" for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be "considered" for promotion, which is his personal right."

The Association also took objection to mandatory production of Covid-negative report by these Judicial Officers.

It wrote,

"It appears that Hon'ble High Court is repeatedly curtailing fundamental right of Judicial Officers for the consideration for 65% promotion to the DJ cadre from eligible SrCJs. Now, for the suitability test eligible Judicial Officers (who are in the zone of consideration) have to submit RTPCR (negative) certificate...!! To go on duty in court every morning, they don't require such safety but to appear for the promotion test they require such certificate. This means, Judicial Officers who found positive in RTPCR are not entitled for the promotion...?"

Thus, the Association has urged the Court to postpone the suitability test and arrange it virtually as per the requirement of the time.

Click Here To Download Letter

Read Letter