A bench comprising Justices M.R. Shah and C.T. Ravikumar said the list issued by the high court and the subsequent order issued by the state government granting promotion to district judges were illegal and contrary to the decision of this court.
The bench passed the interim order staying the promotions, and said that the matter be heard by an appropriate bench since Justice Shah is scheduled to retire on May 15.
The top court said the judicial officers’ promotion violated the Gujarat State Judicial Service Rules 2005 amended in 2011. According to the rules, promotions must be made on principle of merit-cum-seniority and on passing a suitability test, it said.
The bench said it will stay the implementation of the promotion list and sent the respective promotees to their original post which they were holding prior to their promotion.
The top court order came on a plea by senior civil judge cadre officers Ravikumar Maheta and Sachin Pratapraya Mehta challenging the selection of the 68 judicial officers to the higher cadre of district judges.
In an April 28 order, the top court had said: “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.”
The bench had said: “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. It is to be noted that the selection was of the year 2022 and therefore there was no extraordinary urgency in passing the promotion order and that too when this court was seized of the matter.”
Varma, the CJM of Surat, is presently working as undersecretary in the legal department of the Gujarat government and the assistant director at the state legal services authority.
The top court had issued notices to the state government and the Registrar General of the Gujarat High Court on April 13 on the plea of the two judicial officers.
“We are prima facie of the opinion that it is nothing but overreaching the court’s process and the present proceedings. Let the secretary of the state government explain the extraordinary urgency shown in the matter in giving promotion and issuing the notification dated 18.04.2023 granting the promotion, subject to the ultimate outcome of the proceedings,” said the top court in its April 28 order.