SC Stays Promotion of 68 Judicial Officers, Including Judge Who Convicted Rahul

The state government notified the promotions while the court was still considering its legality.

Image of India’s Supreme Court used for representational purposes.

(Image: The Quint)

The Supreme Court on Friday, 12 May, stayed the promotion of 68 judicial officers as District judges in Gujarat.

The reason? The state government notified the promotions while the legality of it was sub-judice (still under consideration) before the court.

Of note: The 68 includes the judge (Harish Hasmukh Bhai Varma) who convicted Congress leader Rahul Gandhi in the defamation case leading to his disqualification.

The origin: Two candidates who did not make the merit list had moved the top court against the recommendations made by the Gujarat government. They alleged that the appointments had been made by a March notification based on the seniority-cum-merit principle even though the rules warrant that an additional suitability test had to be passed.

"State govt issued notification during pendency of plea and after this court issued notice...We stay High Court recommendation and the governmentt notification. Respective promotees are sent to their original post which they were holding before promotion", a bench of Justices MR Shah  and CT Ravikumar said.

"Promotions must be made on principle of merit-cum-seniority and on passing a suitability test. Recommendations by HC & subsequent government notification are illegal", Justice Shah read out,” they added.

What now? The stay on the promotions is only an interim order and not a final one. The bench has decided that the case will be taken up by a bench deemed appropriate by the CJI, since Justice Shah is retiring on 15 May.