The Supreme Court on Wednesday ordered a stay on the promotion of 68 judicial officers as district judges in Gujarat and came down hard on the state government for notifying the promotions even as the legality of the promotions was sub-judice.
A division bench of Justices MR Shah and CT Ravikumar ordered a stay on the recommendation made by the Gujarat High Court regarding the promotion of the 68 judicial officers as well as the subsequent notification issued by the state government to implement the court’s recommendation.
“The state government issued notification during pendency of plea and after this court issued notice…We stay High Court recommendation and the government notification,” Justice MR Shah said reading out the operative portion of the judgment, reported Live Law.
“Promotions must be made on principle of merit-cum-seniority and on passing a suitability test. Recommendations by HC and subsequent government notification are illegal,” he added.
Among the 68 promotees who will now bear the impact of the stay order is Harish Hasmukh Bhai Varma, the judge who passed the order convicting Congress leader Rahul Gandhi in a criminal defamation case, eventually leading to his disqualification as a Lok Sabha MP.
The case will now be heard by a new bench assigned by the Chief Justice of India since Justice Shah retires on May 15.
The Supreme Court’s interim order came on a plea challenging the Gujarat government’s recommendations for the promotion of district judges in the state. The petitioners, both unsuccessful candidates, have claimed that the appointments were in contravention of the recruitment rules.
They claimed that the March notification by the Gujarat government regarding the appointments was made on the seniority-cum-merit principle, contrary to rules which specified that district judge posts be filled up by reserving 65 per cent of the seats on merit-cum-seniority basis and on candidates passing a suitability test.
According to Live Law, the Gujarat government notified the promotions after the Supreme Court issued notices to the Gujarat High Court as well as the state government. Taking stern note of the development, the Supreme Court termed it an “overreach”.
“We are prima facie of the opinion that it is nothing but overreaching the court’s process and the present proceedings,” the bench observed.
(With Live Law inputs)
