Judiciary – Superior judiciary – Jharkhand Superior Judicial Service – Promotion/appointment – Notification for appointment in the Jharkhand Superior Judicial Service – Quota for promotion based upon merit-cum-seniority and passing of suitability test is 65% – Appellants-promotee in the cadre of Civil Judge (Senior Division) participated in the selection process, however not selected – Appellants obtained more than the cut off marks for determining suitability of the candidate, however, persons junior to them, who had secured more marks promoted by preparing merit list – Writ petition by appellants – Dismissed by the High Court on the ground that appellants scored lower than the last selected candidate – Correctness:
Held: 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 – Appellants 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 – Appellants have been subsequently promoted – Appellants entitled for notional promotion from the same date the other officers from the select list prepared by the High Court have been appointed to the post of District Judge in terms of the Notification – Orders passed by the High Court set aside – Jharkhand Superior Judicial Services (Recruitment, Appointment and Condition of Service) Rules, 2001 – rr.4, 5. [Paras 4-6]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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