Seniority of District Judges promoted through LCE should be on the basis of merit in the examination, Supreme Court

The SC on August 12, 2021 {Prem Narayan Singh and Ors. vs. Hon’ble High Court of Madhya Pradesh} held that inter se seniority of District Judges promoted through LCE should be on the basis of merit in the examination.

It was observed by the Bench, comprising of Justice L. NAGESWARA RAO & Justice HEMANT GUPTA that 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 not justified.

It was observed by the SC that in Dinesh Kumar Gupta & Ors. v. Hon’ble High Court of Judicature of Rajasthan and Ors. [(2020) SCC Online SC 420] it was earlier held 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, and 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.

The SC concluded that the resolution of the Administrative Committee approved by the Full Court being contrary to the law laid down by this Court in Dinesh Kumar Gupta’s case is set aside. Consequently, it was directed that the gradation list of the District Judges dated 01.02.2019 shall be revised in accordance with the law laid down by this Court in Dinesh Kumar Gupta’ case. The Writ Petition was allowed, accordingly.