(1.) Two judicial officers of the rank of Civil Judge (Senior Division) governed by the Gujarat State Judicial Service Rules, 2005 (for short, the "2005 Rules") have invoked the jurisdiction of this Court under Article 32 of the Constitution. Their grievance against the High Court of Gujarat is that it erroneously applied the principle of 'Seniority-cum-Merit' in the recruitment undertaken by it in the year 2022 for promotion of Civil Judges (Senior Division) to the post of Additional District Judge against 65% quota, though Rule 5(1) of the 2005 Rules stipulates that the promotion shall be based on the principle of 'Merit-cum- Seniority'. In other words, it is contended that the High Court wrongly subjected all eligible candidates in the feeder cadre i.e., Civil Judge (Senior Division) to a process of assessment of a specified level of minimum merit and then proceeded to prepare the final Select List strictly in accordance with the seniority of the candidates. This according to the petitioners is nothing but 'Seniority-cum- Merit'.
(2.) The High Court of Gujarat issued an advertisement/recruitment notice dtd. 12/4/2022 notifying a total of 68 vacancies in the cadre of District Judges for promotion of Civil Judges (Senior Division) against the 65% quota on the basis of 'Merit-cum-Seniority' and passing a Suitability Test as envisaged under Rule 5(1)(I) of the 2005 Rules. The said advertisement/recruitment notice reads as under: -
(3.) Written Test (Objective Type - MCQs) :
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