Supreme Court rejects quota demand for promotee judges in higher judiciary

New Delhi, Nov 19: The Supreme Court has refused to allow a separate quota for Civil Judges/Regular Promotees (RPs) in appointments to the Higher Judicial Service (HJS). The Court said that service experience as a Civil Judge alone cannot be the basis for special preference while appointing District Judges. A Bench led by Chief Justice of India BR Gavai, along with Justices Surya Kant, Vikram Nath, K Vinod Chandran and Joymalya Bagchi, made it clear that any such advantage must come through proper rules and valid reasons, Bar & Bench reported.

Quoting the judgment, the Supreme Court said: “There is no basis to consider the previous experience as a Civil Judge as an intelligible differentia creating a reasonable classification to favour RPs or LDCE candidates in the selection for higher grade scales or appointment as Principal District Judges,” Bar & Bench reported.

The Court also observed that High Courts may give limited preference to certain groups — but only if supported by data, statistics and proper statutory rules. Addressing concerns raised by promotee judges, the Bench further stated:

“The mere inability of certain officers to succeed in examinations on the basis of merit… cannot furnish a valid basis for seeking preferential treatment within the HJS merely on account of a sense of grievance. It is well settled that career progression to the higher echelons of the judiciary is neither a matter of right nor of entitlement.”

The plea had highlighted that in many states; Civil Judges rarely reach the post of Principal District Judge. However, the Court said there was no nationwide evidence of direct recruits blocking the career growth of promotee judges, reports Bar & Bench.

Guidelines Issued for Seniority

The Supreme Court issued mandatory guidelines to decide seniority among judges appointed through different channels — Regular Promotee (RP), Limited Departmental Competitive Examination (LDCE), and Direct Recruitment (DR). Key directions include:

Once officers join a common cadre, they lose their ‘birthmark’ of recruitment source.

Seniority will be decided through a 4-point annual roster: 2 RPs, 1 LDCE, 1 DR.

Promotions to higher grades will depend on merit-cum-seniority, not on years served as Civil Judge.

Only timely recruitment will allow officers to claim seniority from the year in which the process began.

The Court directed States and Union Territories to amend their service rules in consultation with the High Courts so that these guidelines can be implemented across the country. (Source: Bar & Bench)