SC Expresses Displeasure Over Gujarat's Judicial Officer Promotions Amid Pending Challenge, Stays Move

Pending a plea challenging the Gujarat government's decision to promote 68 judicial officers as district judges, the Supreme Court stayed the move on Friday (12 May).

The Gujarat High Court's recommendation to promote the judicial officers and the state's subsequent notification were stayed in an interim order by Justices M R Shah and C T Ravikumar.

The bench pointed out that the state's notification came after a notice was issued on the plea contesting the high court's recommendation.

Harish Hasmukh Bhai Varma, who convicted Rahul Gandhi in a defamation case, is among the 68 judicial officers set for promotion.

Petitioners argued that district judge positions should be filled through 65 per cent reservation on merit-cum-seniority basis along with a suitability test. However, appointments were being made based on seniority-cum-merit, disregarding the merit-cum-seniority principle as per the recruitment rules.

On 13 April, a court notice was issued and made returnable on 28 April. On the latter day, Justices Shah and J B Pardiwala expressed concern about the state issuing a promotion order on 18 April, after a notice was already issued.

"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," the bench said.

The court bench pointed out that the promotion order for the year 2022 had no "extraordinary urgency," especially when the court was already handling the matter.

"We are prima facie of the opinion that it is nothing but overreaching the court’s process and the present proceedings," the bench added.

The Supreme Court's 28 April order called for the state government secretary to clarify the reasoning behind the hasty promotion and notification granting the promotion.

Justice Shah's retirement on 15 May means a new bench will be allotted by the Chief Justice of India to hear the matter.