Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

Granting relief to judicial officers of the Jharkhand Judiciary who were denied promotion despite meeting the minimum marks required in the suitability test for the merit-cum-seniority quota, the Supreme Court today (January 15) reiterated that the merit-cum-seniority quota is not a competitive process. Instead, it evaluates individual suitability and prioritizes promotions based on seniority once the minimum eligibility criteria are fulfilled, the Court said.The bench comprising Justices BV Nagarathna and SC Sharma was hearing the plea where the appellants-Judicial Officers fulfilled the benchmark criteria for promotion as District Judges based on merit-cum-seniority quota of 65%. They received more than 40 marks (passing marks) in the suitability test conducted for promotion based on merit-cum-seniority. However, the appellants were not promoted and the persons junior to them were promoted by preparing a merit list and by promoting those who had more marks than the appellants. The appellants' writ petition was dismissed by the Jharkhand High Court on the ground that appellant No. 1 got 50 marks, appellant No. 2 got 50 marks, and appellant no. 3 got 43 marks and the last selected candidate got 51 marks. The appellants cited the recent decision passed in the case of Ravikumar Dhansukhlal Mehta v. High Court of Gujarat to contend that promotions under the 65% merit-cum-seniority quota are based on individual suitability and seniority, thus there can't be comparative merit assessing the Appellant's marks with other candidates who scored more marks than the Appellants. Finding force in the appellants' contention, the judgment authored by Justice Sharma observed that once they met the minimum threshold for promotion under the merit-cum-seniority quota, then it would not be appropriate to deny their right to promotion by comparing their marks with other candidates who scored more marks than the Appellants. “as the appellants have successfully qualified the suitability test, they could not have been deprived of their legitimate right of promotion only on account of lower placement in the merit list.”In Ravikumar Dhansukhlal Mehta, the Supreme Court held : "For the 65% promotional quota this Court in All India Judges' Association (3) (supra) did not state that after taking the suitability test, a merit list should be prepared and the judicial officers should be promoted only if they fall in the said merit list. It cannot be said to be a competitive exam. Only the suitability of the judicial officer is determined and once it is found that candidates have secured the requisite marks in the suitability test, they cannot be thereafter ignored for promotion"“In view of the judgment rendered by this Court in the case of Ravikumar Dhansukhlal Maheta and Another (supra), the appellants are certainly entitled for promotion from the same date the other officers from the select list prepared by the High Court of Jharkhand have been appointed to the post of District Judge in terms of notification dated 30.05.2019.”, the court added. Since it was brought on record that during the pendency of the case before the Court the appellants were promoted,he court considered the issue of their seniority and directed that “the Appellants shall be entitled for notional promotion from the date other officers have been promoted to the post of District Judge in terms of notification dated 30.05.2019. They shall also be entitled for all consequential service benefits, including, seniority, increments, notional pay fixation etc., however, they shall not be entitled for any back wages.” Appearance: For Petitioner(s) Mr. Vijay Hansaria, Sr. Adv. Mr. Akhilesh Kumar Pandey, AOR Mrs. Shalini Chandra, Adv. Mr. Abhishek Kumar Pandey, Adv. Ms. Kavya Jhawar, Adv. Ms. Nandini Rai, Adv. Mrs. Nandita Mishra, Adv. For Respondent(s) Mr. Ajit Kumar Sinha, Sr. Adv. Mr. Ashwarya Sinha, AOR Mr. Saurabh Jain Addl. Standing Counsel, Adv. Ms. Tulika Mukherjee, AOR Mr. Beenu Sharma, Adv. Mr. Venkat Narayan, Adv. Case Title: DHARMENDRA KUMAR SINGH & ORS. VERSUS THE HONBLE HIGH COURT OF JHARKHAND & ORS.Citation : 2025 LiveLaw (SC) 71Click here to read/download the judgment

Promotion As District Judges Under Merit-cum-Seniority Quota Can't Be Denied To Suitable Candidates Based On Merit List : Supreme Court

Yash Mittal

The promotion under merit-cum-seniority quota is not based on comparative merit, the Court reiterated.

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