SC stays promotion of 68 judicial officers in Gujarat

New Delhi: The Supreme Court on Friday stayed the promotion of 68 Gujarat lower judicial officers, including Surat Chief Judicial Magistrate Harish Hasmukhbhai Varma who had convicted Congress leader Rahul Gandhi in a defamation case.

A bench comprising Justices M R Shah and C T Ravikumar said the promotion of the judicial officers was in violation of the Gujarat State Judicial Service Rules 2005, amended in 2011, which states that promotions must be made on principle of merit-cum-seniority and on passing a suitability test.

"We are more than satisfied that the impugned list issued by the high court and the subsequent order issued by the state government granting promotion to district judges are illegal and contrary to the decision of this court.The same are, therefore, not sustainable," the bench said.

"We stay the implementation of the promotion list. Respective promotees are sent to their original post which they were holding prior to their promotion," it said.

The top court passed an interim order staying the promotions and directed that the matter be heard by an appropriate bench as Justice Shah is retiring on May 15.

The top court was hearing a plea of senior civil judge cadre officers, Ravikumar Maheta and Sachin Prataprai Mehta, challenging the selection of the 68 judicial officers to the higher cadre of district judges.

The petition said as per the recruitment rules, the post of district judge is to be filled in by keeping 65 per cent reservation on the basis of the principle of merit-cum-seniority and passing a suitability test. They said the merit-cum-seniority principle has been given a go-by and the appointments are being made on the basis of the seniority-cum-merit.

The two judicial officers had secured 135.5 marks and 148.5 marks respectively out of 200.

Despite this, the candidates who had lower marks were appointed as district judges, they submitted.