Promotion to post of district judge can't be denied solely on basis of merit list: Supreme Court

New Delhi: The Supreme Court on Wednesday said promotion to the post of district judges cannot be denied solely on the basis of merit list prepared after conducting limited competitive examination in the selection process.

A bench of Justices B V Nagarathna and Satish Chandra Sharma allowed a contention by appellants Dharmendra Kumar Singh and others, saying they have successfully qualified the suitability test conducted by the Jharkhand High Court, so they could not have been deprived of their legitimate right of promotion only on account of lower placement in the merit list.

"The appellants are certainly entitled for promotion from the same date the other officers from the select list prepared by the High Court of Jharkhand have been appointed to the post of district judge in terms of notification of May 30, 2019," the bench said.

The court set aside the High Court judgment, and directed the appellants would be entitled for notional promotion from the date other officers have been promoted to the post of district judge in terms of notification of May 30, 2019.

"They shall also be entitled for all consequential service benefits, including, seniority, increments, notional pay fixation etc., however, they shall not be entitled for any back wages," the bench clarified.

Against a notification issued on May 19, 2018 for appointment in the Jharkhand Superior Judicial Service, the appellants, appointed initially as civil judge (junior division), participated in the selection process, which was governed by Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rule, 2001.

In the limited competitive examinations, the cut off marks for determining suitability of a candidate for promotion was fixed as 40 marks.

Though the appellants obtained more than 40 marks, the persons, junior to them were promoted by preparing a merit list and by promoting those who have more marks than the appellants.

The appellants approached the High Court, for quashing the promotion list but their plea was dismissed on the ground that the last selected candidate got 51 marks and of the three appellants, two got 50 marks, and another 43 marks.

The court agreed to a contention by the appellants who cited SC judgment in case of Ravikumar Dhansukhlal Maheta and Another Vs High Court of Gujarat and Others (2024) to point out that in similar circumstances in respect of similar criteria, this court has held that the suitability of each candidate has to be tested on his own merit and a comparative assessment cannot be made and the promotion cannot be solely based upon merit list.