The Supreme Court of India clarified that the Constitution does not specify criteria for government servant promotions, leaving this to the discretion of the legislature and executive. The bench, led by Chief Justice DY Chandrachud, highlighted the flexibility in determining promotion norms within the administrative framework. This sheds light on the evolving emphasis on merit in promotion criteria. The judgment emphasized that ‘merit-cum-seniority’ and ‘seniority-cum-merit’ are not mandated by law but are flexible and fluid concepts, providing dynamic guidelines for developing promotion policies.
Today(on 17th May), The Supreme Court has upheld the promotion policy of the Gujarat High Court for the District Judge cadre under the 65% quota, based on merit-cum-seniority. Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra lifted the stay on promoting 68 judicial officers to district judges.
The Supreme Court, led by CJI Chandrachud, upheld Gujarat High Court’s district judges’ promotion policy. Using aircraft internet on his return from a Brazil summit, CJI collaborated with Justices Pardiwala and Misra. The judgment involved a plea contesting Gujarat government’s appointment decisions and challenged merit-cum-seniority rule for promotions. The Court commended the efforts of junior lawyer Mayur Raghuvanshi.
On Monday(8th April), The Supreme Court of India is reviewing petitions challenging the appointment of 68 Gujarat judicial officers, claiming a preference for seniority over merit. Advocate R. Basanth argued that candidates with higher suitability test scores were overlooked. The hearings will continue until April 15, 2024. Chief Justice D.Y. Chandrachud proposed evaluating candidates primarily based on merit.