ARZOO RAMANLAL TAPIAWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The applicants are the original petitioners of the Special Civil Application No.13631 of 2020 and the opponents are the original respondents. The petitioners were appointed as Civil Judges and J.M.F.C. by order dated 17.07.2005 and were promoted to the cadre of Senior Civil Judge by Notification dated 31.12.2011. According to them, they are eligible for promotion to the cadre of District Judge.

(2.) In the Recruitment Process, 2019, the respondents had notified 14 vacancies to be filled up by limited competitive examination from the Senior Civil Judges having not less than five years of qualifying service. In this 10% quota the examination though was conducted, no candidate was found successful.

(3.) The grievance on the part of the applicants is that the said vacancies were required to be filled up by regular promotion as per the direction of the Apex Court in case of ALL INDIA JUDGES ASSOCIATION VS. UNION OF INDIA, reported in 2010 (15) SCC 170 and proviso to Rule 5(1)(ii) of the Gujarat State Judicial Service Rules, 2005, as amended by Notification dated 23.06.2011.