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Supreme Court of India 2024-05-17 dismissed

RAVIKUMAR DHANSUKHLAL MAHETA & ANR vs HIGH COURT OF GUJARAT & ORS

Bench: 3 — Dhananjaya Y. Chandrachud, J.B. Pardiwala, Manoj Misra

In Brief

This case challenges the High Court of Gujarat's promotion process for District Judges under the 65% merit-cum-seniority quota. The petitioners argued that the High Court applied "seniority-cum-merit" instead of "merit-cum-seniority" by first testing suitability, then promoting by seniority. The Supreme Court held that "merit-cum-seniority" is flexible in application and depends on statutory rules and promotion policy. For the 65% quota, merit is assessed through a suitability test (not comparative merit), and seniority applies among eligible candidates. The Court upheld the promotion process, clarifying that both merit and seniority are considered, with merit remaining dominant through the suitability gate.

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Judicial Service Promotion Civil Service Law Constitutional Law Seniority and Merit

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