Promotee Judicial Officers Can’t Be Granted Any Exclusive Quota In Appointment To Posts Of District Judges: SC Issues Guidelines

The Supreme Court has ruled that promotee judicial officers cannot be granted any exclusive quota or preferential weightage in the appointment to posts of District Judges. A Constitution Bench headed by Chief Justice of India B.R. Gavai held that no “nationwide pattern of disproportionate representation” exists to justify special treatment for promotees within the Higher Judicial Service (HJS). Dismissing concerns of stagnation raised by judicial officers entering the service at the level of Civil Judge, the Court observed that individual dissatisfaction or “a feeling of heartburn” cannot form the basis for creating new classifications within a unified cadre. Birthmark Lost After Entry Into Cadre, Says Court The five-judge bench—also comprising Justices Surya Kant, Vikram Nath, K. Vinod Chandran, and Joymalya Bagchi—emphasised that officers appointed to the HJS from different streams (Regular Promotion, Limited Departmental Competitive Examination, and Direct Recruitment) form a common cadre. Once inducted, they shed the “birthmark” of their entry source, and seniority must be assigned purely through the annual roster system. Promotion to Selection Grade and Super Time Scale is also tied to merit-cum-seniority within the HJS, not on length of service or performance as Civil Judges. The Court clarified that service at the lower judiciary level “loses its significance” after officers enter the HJS. “The length and performance as a Civil Judge does not constitute an intelligible differentia,” the bench noted, rejecting arguments favouring weightage for promotees. Judicial Officers Already Have Adequate Opportunities, Court Notes Observing that in-service officers have substantial avenues for advancement, the Court pointed to its earlier judgment in Rejanish, which opened the doorway for them to compete for direct recruitment posts of District Judges. It added that fast-track promotions at the Civil Judge (Senior Division) level were now easier with relaxed service requirements. The bench held that while aspirations are natural in service, they cannot dictate seniority rules or cadre structuring. Comprehensive Seniority Framework Issued Under Article 142 To ensure uniformity across states, the Court invoked Article 142 to lay down binding guidelines for determining seniority in the Higher Judicial Service: Key Seniority Guidelines Annual 4-Point Roster:Seniority will be determined through a repeating annual roster of: 2 Regular Promotees (RP) 1 LDCE officer 1 Direct Recruit (DR) Year of Recruitment Completion Matters:Officers appointed belatedly will get seniority of the year in which the recruitment process concludes, not the year vacancies arose—unless the recruitment is completed within the same year without overlapping appointments. Vacancies Arising Late:If recruitment for a particular year’s vacancies is not initiated in that year, seniority will be placed in the year when recruitment is concluded. Unfilled DR/LDCE Slots Revert to Promotees:Remaining vacancies in DR/LDCE quota due to lack of suitable candidates shall be filled by RPs, but such officers will be slotted only against the subsequent RP positions in the roster. States Must Amend Rules:State rules must reflect these guidelines, in consultation with High Courts. The directions are mandatory and intended to govern future seniority frameworks. The Court clarified that the guidelines are general, not meant to reopen earlier inter se seniority disputes. They may be revisited depending on future developments. What the Amicus Suggested Senior Advocate Siddharth Bhatnagar, appointed as amicus curiae, had proposed multiple mechanisms to address stagnation and improve representation for promotee officers in District Judge posts. His four suggestions were: Quota at Higher DJ Levels:Establish a 1:1 quota between Promotee and Direct Recruit District Judges for posts such as District Judge (Selection Grade), District Judge (Super Time Scale), and Principal District Judge. Equal Zone of Consideration:Create a 50:50 zone of consideration—half promotees and half direct recruits—for promotions to higher DJ scales, with appointments made on merit-cum-seniority. Weightage for Experience:Grant promotee officers one year of seniority for every five years of lower judiciary service, capped at a maximum of three years. Separate Seniority Lists:Maintain three distinct seniority lists for Regular Promotees, LDCE Promotees, and Direct Recruits in a 50:25:25 ratio, with promotions based on these lists. The Court, however, declined to adopt these proposals, holding that they would disturb the integrity of a unified judicial cadre. Why the Matter Was Referred to a Constitution Bench The judiciary had expressed concerns over stagnation in several states, where officers starting as Judicial Magistrates First Class often failed to rise to Principal District Judge level. The amicus described this as an “anomalous situation” discouraging promising candidates from joining the service. The bench had earlier noted the need to strike a balance between promotee officers’ experience and the merit-based opportunities available to direct recruits. Since resolving this issue required reconsideration of earlier three-judge bench rulings, the matter was referred to a Constitution Bench for authoritative settlement. Case Details Case Title: All India Judges Association and Ors. Versus UOI Case No.: I.A. NO. 230675/2025 Date: 19/11/2025 Click Here To Read Order Read More: GST | Cost Accountant’s Affidavit Can’t Be Ignored When There Is Admission From State Tax Officer’s Side: Kerala High Court

Promotee Judicial Officers Can’t Be Granted Any Exclusive Quota In Appointment To Posts Of District Judges: SC Issues Guidelines

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