The Supreme Court of India granted notional promotions to three judicial officers in Jharkhand, asserting that their right to promotion could not be overlooked due to lower merit list rankings. The court ruled they should receive benefits from the date of other promotions, emphasizing that meeting suitability criteria entitles them to promotion regardless of merit position.
New Delhi: The Supreme Court of India has granted notional promotion to three judicial officers to the post of District Judge in the Jharkhand Superior Judicial Service, ruling that their legitimate right to promotion could not be denied merely due to their lower placement in the merit list. The decision, delivered by a bench comprising Justice B.V. Nagarathna and Justice Satish Chandra Sharma, ensures the appellants’ seniority and related benefits.
The appeal arose from a Jharkhand High Court judgment that upheld a 2019 notification promoting other officers to the post of District Judge, excluding the appellants despite their qualification.
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The appellants had successfully cleared the suitability test for promotion, which required a minimum score of 40 marks. However, they were overlooked in favor of candidates who scored higher in a merit-based ranking system. The High Court dismissed their writ petition on the grounds that their scores of 50, 50, and 43 marks were below the 51 marks secured by the last selected candidate.
The promotions were governed by the Jharkhand Superior Judicial Services (Recruitment, Appointment, and Condition of Service) Rule, 2001, which allows promotions via:
- Limited Competitive Examination,
- Promotion from Civil Judge (Senior Division), and
- Direct Recruitment.
Senior Advocate Vijay Hansaria, representing the appellants, relied on the Supreme Court’s 2024 ruling in Ravikumar Dhansukhlal Maheta vs. High Court of Gujarat, where it was held that promotions under a suitability test cannot be based solely on merit lists.
The Apex Court reiterated this principle, stating that once candidates meet the suitability criteria, they cannot be denied promotion for being lower in the merit list.
The bench highlighted that the appellants had already been promoted but were seeking redress on seniority. The court ruled that they should be entitled to notional promotion from the date the other officers were promoted under the 2019 notification.
The court stated:
“As the appellants have successfully qualified the suitability test, they could not have been deprived of their legitimate right of promotion only on account of lower placement in the merit list.”
The Supreme Court set aside the Jharkhand High Court’s decision, granting the following benefits to the appellants:
- Notional promotion from the same date as other officers promoted under the 2019 notification.
- Consequential service benefits, including seniority, increments, and notional pay fixation.
- No entitlement to back wages.
Case Title – Dharmendra Kumar Singh & Ors. v. The Hon’ble High Court of Jharkhand & Ors. (Neutral Citation: 2025 INSC 72)
Read the Judgement here:
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