Ravikumar Dhansukhlal Maheta & Anr. v. High Court of Gujarat & Ors. | Writ Petition (Civil) No. 432 of 2023, 2024 LiveLaw (SC) 387

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Introduction:
The Supreme Court ruled that government employees cannot claim promotions as a right. The Court upheld the Gujarat High Court's promotion policy for Senior Civil Judges to District Judges based on the merit-cum-seniority principle. It also emphasized limited judicial intervention in promotion matters, except when equality principles are violated.

Facts:
The petitioners challenged the Gujarat High Court's Select List for promotions of Senior Civil Judges to District Judges, arguing it violated Article 14 of the Constitution. The petitioners contested the policy, specifically the application of the merit-cum-seniority principle and the suitability test under Rule 5 of the Gujarat State Judicial Service Rules, 2005. The Court reviewed these claims and the policy's compatibility with constitutional provisions.

Issues:

Whether government employees have a right to promotion.
Whether the promotion policy of the Gujarat High Court violates the equality principle under Article 14 of the Constitution.

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Contentions of the Petitioner:
The petitioners argued that the Select List for promotion was unconstitutional and violated the principle of equality under Article 14. They also contested the application of the merit-cum-seniority principle and the inadequacy of the suitability test for promotion.

Contentions of the Respondent:
The Gujarat High Court defended its promotion policy, asserting that the merit-cum-seniority principle and the suitability test were in accordance with constitutional guidelines. It also emphasized the limited scope of judicial review in such matters.

Court Analysis with Legal Provisions:
The Court observed that since the Constitution does not prescribe promotion criteria, government employees cannot claim promotions as a right. It emphasized that promotion policies fall within the domain of the legislature or executive and that courts can only intervene when such policies violate the equality principle under Article 16. The Court upheld the promotion policy and suggested amendments to improve the suitability test.

Conclusions:
The Supreme Court upheld the promotion policy, asserting that government employees cannot demand promotions as a right. It dismissed the petitioners' claims, reaffirming that judicial intervention in promotion policies is limited to ensuring compliance with equality principles under the Constitution.

Posted By: Aishwarya Chourasia

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