‘We Can Finish Anyone’s Career’: Supreme Court Pulls Up Gujarat Govt for Notifying Promotion Of District Judges During Pendency Of Plea

“What was the extraordinary hurry that the state government could not wait ten days before notifying the promotions? Is your secretary above the law? This is nothing but an attempt to overreach this court and the present proceedings. We are taking this matter very seriously. We can finish anyone’s career. Never try to overreach the Supreme Court’s process.”

A bench of Justices MR Shah and Ahsanuddin Amanullah was hearing a plea filed against the Gujarat government recommending the promotion of district judges in the state. According to the petitioners – both unsuccessful candidates – the appointments had been made by a March notification on the basis of the seniority-cum-merit principle, in contravention to the recruitment rules, which specified that district judge posts would be filled up by reserving 65 per cent of seats on merit-cum-seniority basis and on the candidates passing a suitability test.

Last month, on the strength of the petitioners’ contentions, the apex court issued notice to the Gujarat High Court as well as the state government. Interestingly, before a bench headed by Justice Shah issued notice, the high court had recommended the promotion of the concerned district judges, and the file was pending before the Gujarat government at the time notice was issued. However, less than a week after this, the state government notified the promotions of the judges recommended by the high court.

The Supreme Court, however, expressed its stern disapproval of what Justice Shah described as an ‘overreach’ by the executive. “We are prima facie of the opinion that it is nothing but overreaching the court’s process and the present proceedings,” the bench observed. It had pronounced on April 28 as follows:

“It is very unfortunate that despite the fact that the respondents/State Government were aware of the present proceedings, the state government has issued the promotion order after the receipt of the notice issued by this court in the proceedings. In the promotion order even the state government had stated that the promotions are subject to the ultimate outcome of these proceedings. We do not appreciate the haste and hurry in which the State has approved and passed the promotion order when this court was seized with the matter and a detailed order was passed issuing notice. It is to be noted that the selection was of the year 2022, therefore there was no extraordinary urgency in passing the promotion order.”

The division bench also summoned the state secretary to court on the next date of hearing to offer an explanation in person, indicating that if it was not satisfied with the said explanation, the government’s notification would be suspended.

In the presence of the government officers in court today, Justice Shah interrogated the counsel for the state of Gujarat, demanding an explanation for its decision to notify the promotions when the Supreme Court was seized of the matter. Once again, the judge chastised the government for trying to ‘overreach’ the court’s process.

Deepanwita Priyanka, appearing for the Gujarat government, sought to defend its action by saying, “Overreaching was not our intention, Your Lordship.”

“Is there any X-ray machine to know the intentions?” Justice Shah shot back. He added, “You should have waited. Your secretary is not above the law.”

The matter will be head next on May 8.

Case Title

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