Case: Prem Narayan Singh and Ors Vs. Hon?ble High Court of Madhya Pradesh

their seniority which was settled at the time of their promotion cannot be disturbed. The Petitioners suggested that Rule 11 (4) (b) of 2017 Rules, according to which inter se seniority of the District Judges promoted through LCE should be on the basis of seniority in the lower cadre, is contrary to law. Petitioners referred to a judgment of this Court in Dinesh Kumar Gupta & Ors. v. Honble High Court of Judicature of Rajasthan and Ors. (2020) SCC Online SC 420 to submit that this Court while interpreting a Rule which is in pari materia, held that inter se seniority of District Judges promoted through LCE should be on the basis of merit in the examination. 11. The resolution of the Administrative Committee dated 14.12.2017 which was approved by the Full Court was supported by Mr. Ravindra Shrivastava, learned Senior Counsel by arguing that the view taken by the High Court is a possible view and should not be interfered with by this Court. However, Mr. Shrivastava submitted that dispute relating to the criteria for inter se seniority of LCE candidates has been settled by this Court in Dinesh Kumar Guptas case. 12. Mr. Dushyant Dave, learned Senior Counsel appearing for the impleaded Respondents submitted that the Writ Petition deserves to be dismissed in limine for non-joinder of the parties. None of the District Judges who would be adversely affected have been made parties to the Writ Petition. He argued that introduction of LCE is only for providing a method of recruitment. He submitted that promotion to the Higher Judicial Services is on the basis of seniority-cum-merit to which an exception is carved out by providing a channel of promotion on the basis of merit amongst senior Civil Judges. Merit has to be restricted only for the purpose of selection. This Court in All India Judges Associations case did not hold that the inter se seniority of District Judges promoted through LCE should be on the basis of merit. According to him, if the Petitioners case is accepted, the senior Civil Judges who have already been selected as District Judges through LCE would be seriously affected. The decision of this Court in Dinesh Kumar Guptas case is per incuriam, according to Mr. Dave as it is contrary to the law laid down in All India Judges Association and it needs to be ignored. He further argued that the earlier decisions of the Full Court are contrary to the Rules and the decision of the Administrative Committee in 2017 is in strict conformity with the Rules. 13. Appointment to Higher Judicial Services in accordance with the Rules was initially by direct recruitment and promotion. On the basis of the recommendations by Justice Shetty Commission, this Court directed that 25 per cent of posts in the service filled by promotion should be strictly on the basis of merit through LCE of Civil Judges (Senior Division). The High Courts were directed to frame appropriate rules in conformity with the judgment in All India Judges Association. This channel of promotion on the basis of merit in LCE was introduced to provide an incentive to relatively junior officers to get quicker promotion. 14. In Dinesh Kumar Gupta (supra), this Court considered the issue relating to inter se seniority of District Judges promoted through LCE. Source of recruitment to the Rajasthan Higher Judicial Services in Rule 31 of Rajasthan Higher Judicial Service Rules, 2010 is similar to Rule 5 of the Madhya Pradesh Higher Judicial Service Rules. The decision of the Administrative Committee that the seniority in the lower cadre is to be taken into account for the purpose of inter se seniority of the District Judges promoted through LCE was held not to be justified by this Court. It was observed in Dinesh Kumar Gupta (supra) that LCE will be reduced to a mere qualifying examination if inter se seniority in the lower cadre has to be taken into account for determining the seniority of District Judges promoted through LCE. This Court declared that the inter se placement of candidates selected through LCE must be based on merit and not on the basis of seniority in the erstwhile cadre. 15. We are not in agreement with the learned Senior Counsel appearing for the impleaded Respondents that the judgment of this Court in Dinesh Kumar Gupta (supra) is contrary to the law laid down by this Court in All India Judges Associations case. Much stress was laid by Mr. Dave on the fact that introducing a channel of appointment to District Judges would only be providing a method of recruitment and no more. The incentive that was directed to be given to junior officers working as Civil Judges for promotion as District Judges solely on the basis of merit would be defeated if their seniority in the cadre of District Judges is not determined on the basis of their merit in LCE. 16. The reason for introduction of promotion through LCE is to improve the calibre of the members of Higher Judicial Services. Such of those meritorious candidates who have been promoted on the basis of LCE cannot be deprived of their seniority on the basis of merit in the examination. In any event, 50 per cent of the posts of District Judges shall be filled by promotion on the principle of merit-cum-seniority. The dispute in this case concerns seniority inter se amongst those who have been promoted through LCE. 17. Rule 11 (1) of the 2017 Rules makes it clear that the relative seniority of members of the service who are holding substantive posts at the time of commencement of the Rules shall be as it existed before the commencement of the Rules. The seniority of the Petitioners which has been determined prior to the 2017 Rules cannot be disturbed. The Petitioners will not be adversely affected by Rule 11 (4) (b) of the 2017 Rules which alters the criteria for determination of seniority from merit to inter se seniority in the lower cadre.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]13. Appointment to Higher Judicial Services in accordance with the Rules was initially by direct recruitment and promotion. On the basis of the recommendations by Justice Shetty Commission, this Court directed that 25 per cent of posts in the service filled by promotion should be strictly on the basis of merit through LCE of Civil Judges (Senior Division). The High Courts were directed to frame appropriate rules in conformity with the judgment in All India Judges Association. This channel of promotion on the basis of merit in LCE was introduced to provide an incentive to relatively junior officers to get quicker promotion.14. In Dinesh Kumar Gupta (supra), this Court considered the issue relating to inter se seniority of District Judges promoted through LCE. Source of recruitment to the Rajasthan Higher Judicial Services in Rule 31 of Rajasthan Higher Judicial Service Rules, 2010 is similar to Rule 5 of the Madhya Pradesh Higher Judicial Service Rules. The decision of the Administrative Committee that the seniority in the lower cadre is to be taken into account for the purpose of inter se seniority of the District Judges promoted through LCE was held not to be justified by this Court. It was observed in Dinesh Kumar Gupta (supra) that LCE will be reduced to a mere qualifying examination if inter se seniority in the lower cadre has to be taken into account for determining the seniority of District Judges promoted through LCE. This Court declared that the inter se placement of candidates selected through LCE must be based on merit and not on the basis of seniority in the erstwhile cadre.15. We are not in agreement with the learned Senior Counsel appearing for the impleaded Respondents that the judgment of this Court in Dinesh Kumar Gupta (supra) is contrary to the law laid down by this Court in All India Judges Associations case. Much stress was laid by Mr. Dave on the fact that introducing a channel of appointment to District Judges would only be providing a method of recruitment and no more. The incentive that was directed to be given to junior officers working as Civil Judges for promotion as District Judges solely on the basis of merit would be defeated if their seniority in the cadre of District Judges is not determined on the basis of their merit in LCE.16. The reason for introduction of promotion through LCE is to improve the calibre of the members of Higher Judicial Services. Such of those meritorious candidates who have been promoted on the basis of LCE cannot be deprived of their seniority on the basis of merit in the examination. In any event, 50 per cent of the posts of District Judges shall be filled by promotion on the principle of merit-cum-seniority. The dispute in this case concerns seniority inter se amongst those who have been promoted through LCE.17. Rule 11 (1) of the 2017 Rules makes it clear that the relative seniority of members of the service who are holding substantive posts at the time of commencement of the Rules shall be as it existed before the commencement of the Rules. The seniority of the Petitioners which has been determined prior to the 2017 Rules cannot be disturbed. The Petitioners will not be adversely affected by Rule 11 (4) (b) of the 2017 Rules which alters the criteria for determination of seniority from merit to inter se seniority in the lower cadre.