SC stays Gujarat govt's decision to promote 68 judicial officers

The Supreme Court on Friday stayed the Gujarat government’s decision to promote 68 judicial officers as district judges as a plea challenging it was pending before the court.

The 68 officers include Harish Hasmukh Bhai Varma who convicted Congress leader Rahul Gandhi in the defamation case leading to his disqualification.

A bench comprising Justices M R Shah and C T Ravikumar in an interim order stayed the Gujarat High Court recommendation to promote them and also the notification issued by the state government in connection with the matter. The bench noted that the state had issued the notification after it issued notice on the plea challenging the high court recommendation.

Two petitioners moved the top court contending that according to the recruitment rules, posts of district judges had to be filled by reserving 65 per cent of the seats on merit-cum-seniority basis and those clearing a written



test, but that the authorities had ignored it and made the appointments on the basis of the merit-cum-seniority principle.

On April 13, 2023, the court issued a notice and made it returnable on April 28.

By this time, a bench comprising Justices Shah and J B Pardiwala took exception to the state government issuing the promotion order on April 18, despite the fact that the court had already issued the notice.

The SC termed this as the state "overreaching" its orders. The bench said, "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".

With Justice Shah set to retire on May 15, the matter will now be allotted to a new bench by the Chief Justice of India.