Merit not limited to qualifications, high marks; includes professional conduct, performance and integrity: Supreme Court

Satya Prakash

New Delhi, June 3

Noting that in the context of promotions ‘merit’ should be viewed divergently and not just limited to qualifications or high marks obtained in a competitive examination, Supreme Court rules that it should be expanded to include professional conduct, efficacy of performance and integrity of the candidate.

“There are multiple attributes of merit which must be taken into consideration such as character, integrity, and devotion to the assigned official duties. The manner in which the candidate discharges their final duties would also be a relevant factor,” a Bench led by CJI DY Chandrachud said while dealing with a case of promotion of judicial officers in Gujarat.

“Further, past performance is a relevant factor to judge the merit of the candidate, particularly in promotional posts, since it would indicate the capability of the candidate to discharge their duties effectively. Merely because any person possesses higher qualifications or higher marks in an examination does not mean that they are meritorious than others,” said the Bench – which also included Justice JB Pardiwal and Justice Manoj Misra said in a judgment delivered last month.

Explaining the meaning of ‘merit’ when applying the ‘merit-cum-seniority’ rule in promotions of judicial officers, the Bench emphasised that it should not be limited to qualifications or high marks obtained in a competitive examination.

The top court made it clear that with regard to promotion of judicial officers of the District Judiciary, the control vests with high courts under Article 235 of the Constitution.

“The High Court being the sole authority in this regard can clearly lay down rules and policies pertaining to promotions which includes the power to specify the criteria and parameters it deems most suitable and appropriate for the purpose of promotion and the manner in which promotion is to be made as long as it is within the contours of what has been laid down in All India Judges’ Association,” it noted.

The top court asked the Gujarat High Court to amend its Rules “appropriately” in line with the Uttar Pradesh Higher Judicial Service Rules, 1975, where the recruitment process has been elaborately laid down. “We are also of the view that the minimum standard to be objectively assessed by way of a suitability test should be made more efficacious and productive,” it said.