‘We are Facing Humiliation’: Gujarat Judicial Officers Whose Promotions Were Stayed by SC; CJI Informed

Referring to a recent order of the Supreme Court whereby the promotion of judicial officers from Gujarat were stayed, a bench led by Chief Justice DY Chandrachud was informed today that the aggrieved officers were humiliated.

Senior Advocate Meenakshi Arora mentioned the aggrieved officers’ plea today and told court, “There is humiliation, that these judges have to face, UP has the same method.”

CJI told Arora that the order was passed in fact by a coordinate bench of this court which was led by Justice MR Shah, who retired on Monday.

Justice Pardiwala further remarked that out of the 68 judges, 28 were still in the merit list.

When the senior lawyer pressed on the issue, saying that many of these judges were retiring soon, CJI agreed to reassign the matter to a new bench, on account of Justice Shah retiring,

The Supreme Court last week had declared a Select List prepared by the Gujarat High Court on March 10, 2023 and the subsequent notification issued by the State Government on April 18, granting promotion to the cadre of District Judge to the judicial officers as illegal and contrary to the Rules and Regulations and to the decision of the top court in the case of All India Judges’ Association (2002).

A bench of Justices MR Shah and CT Ravikumar had thus said, “We are more than prima facie satisfied that the same as such are not sustainable… the High Court has adopted the wrong method”.

The court, however, had said, at present, the respective promotees have not assumed their posting on the promotional post and as such are sent for training, “we stay the further implementation and operation of the Select List dated 10.03.2023 issued by the High Court of Gujarat and the subsequent Notification dated 18.04.2023 issued by the State Government”.

The court explained respective promotees should be sent to their original posts which they were holding prior to their promotion.

It was further directed that the writ petition filed by Ravikumar Dhansukhlal Maheta be placed for further hearing before the bench subject to orders on the administrative side.

Petitions were filed challenging the promotion of Senior Civil Judges to the Cadre of District Judge (65% quota) as being violative of Article 14 of the Constitution as well as Rule 5 of the Gujarat State Judicial Service Rules, 2005.