SC refuses to give quota for promotee judges in the Higher Judicial Service

‘Merit-cum-seniority must guide progression in Higher Judicial Service’

- OUR CORRESPONDENT

The Supreme Court on Wednesday declined to extend reservation benefits to promote judges in the Higher Judicial Service, ruling that the cadre does not suffer from the “common malady” of disproportionate representation that could justify such a measure. A five-judge Constitution bench led by Chief Justice of India B R Gavai held that dissatisfaction among a segment of officers cannot be the basis for creating a distinct subclass within the service.

The bench, which also included Justices Surya Kant, Vikram Nath, K Vinod Chandran and Joymalya Bagchi, said the plea for quota lacked a legally sustainable foundation. “Perceived discontentment and heartburn without something more in the form of a legal claim, illegal denial, or at least a legitimate expectation cannot result in creating an artificial classification of members within a cadre,” the court stated.