Higher Qualifications Or Marks Not Sufficient To Determine 'Merit' For Judges' Promotions; Past Performance Relevant : Supreme Court

The Court in its judgment concerning the promotion of Judicial Officers by the Gujarat High Court took an expansive view of what would mean by 'merit' in the context of promotion of judicial officers.

The bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra explained the meaning of 'merit' when applying the 'merit-cum-seniority' rule in the promotions of judicial officers. It was clarified that in the context of employment promotions, 'merit' should be viewed divergently and not just limited to the qualifications or high marks obtained in a competitive exam but also expanded to include the professional conduct, the efficacy of performance, integrity etc.

Professional Performance Intrinsic in Determining 'Merit' ; Higher Marks Alone Insufficient

The Court while analyzing the essence of 'merit' came to a conclusion that when it comes to promotional positions, merit has an all-rounded meaning- that is not limited to just the academic or theoretical marks or qualifications of a candidate but also expands to include several other factors such as previous work performance which would indicate one's capabilities of discharging their duties effectively.

"Past performance is a relevant factor to judge the merit of the candidate, particularly in promotional posts, since it would indicate the capability of the candidate to discharge their duties effectively. Merely because any person possesses higher qualifications or higher marks in an examination does not mean that they are meritorious than others."

Reliance was also placed on the plain dictionary meaning of 'merit' to underline that in terms of employment, the term should be construed holistically to include character, integrity, dedication towards the tasks and manner of execution of the work.

"According to the Cambridge Dictionary, merit is defined as the quality of being good and deserving. In the context of employment, it is the sum total of various qualities which are relevant for fulfilling the requirements of the employment. There are multiple attributes of merit which must be taken into consideration such as character, integrity, and devotion to the assigned official duties. The manner in which the candidate discharges their final duties would also be a relevant factor."

Other reports about the judgment can be read here.

Case Title : Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023