Full Judgment Text
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PETITIONER:
ALL INDIA BACKWARD CLASSES AND MINORITIES WELFAREASSOCIATION
Vs.
RESPONDENT:
UNION OF INDIA & ORS.
DATE OF JUDGMENT19/04/1988
BENCH:
SINGH, K.N. (J)
BENCH:
SINGH, K.N. (J)
KANIA, M.H.
CITATION:
1988 AIR 1322 1988 SCR (3) 613
1988 SCC Supl. 500 JT 1988 (2) 166
1988 SCALE (1)799
ACT:
Delhi Higher Judicial Service Rules: Additional
District Judge-Refusal of Selection grade - Justiciability
of.
Constitution of India, 1950: Articles 233 and 235-
Judicial officer -Promotion to higher grade/post-Made on
criteria of merit-Junior officer bound to supersede his
senior-Integrity of judicial officer -Great asset to
administration of justice-To be given due consideration.
HEADNOTE:
The 2nd petitioner, a member of the Delhi Higher
Judicial Service and working as an Additional District Judge
in a writ petition to this Court, contended that he was
directly recruited to service as a Scheduled Castes
candidate and that the High Court had acted in an
unreasonable manner in refusing to grant selection grade to
him on more than one occasion.
Disposing of the Writ Petition,
^
HELD: 1. Where promotion to higher grade or post is
made on the criteria of merit, many a time a junior officer
is bound to supersede his senior. In the process of
assessment of comparative merit, supersession of a senior
officer may result. This cannot be helped.[614G-H]
In the instant case, the petitioner was considered on
merit along with others, and as the High Court found
officers junior to him suitable for grant of selection grade
the petitioner could not be selected. This Court finds no
illegality in the High Court’s order. [615A]
2. Integrity of a judicial officer is a great asset to
administration of justice. It must be given due weight.
[615C]
3. The petitioner in the instant case, comes from a
weaker section of the society and he has been found to be an
honest officer. This fact needs consideration. The High
Court should consider the petitioner’s
614
case sympathetically for the grant of selection grade at the
next selection. [615D]
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JUDGMENT:
ORIGINAL JURISDICTION: Writ Petition No. 5858 of 1983.
(Under Article 32 of the Constitution of India)
G.L. Sanghi, M.T. Siddiqi and Irfan Ahmed for the
Petitioners.
Anil Dev Singh, C. Ramesh, K. Swami and Miss A.
Subhashini for the Respondents.
The following order of the Court was delivered:
O R D E R
The Petitioner is a member of Delhi Higher Judicial
Service, at present working as Additional district Judge.
The petitioner was directly recruited to service as a
Scheduled Castes candidate. He has approached this Court by
means of this petition under Article 32 of the Constitution
with a grievance that the High Court of Delhi has acted in
an unreasonable manner in refusing to grant selection grade
to him on more than one occasion. A number of other allied
questions were raised during the course of arguments but
ultimately on behalf of the petitioner only the grievance
relating to the refusal of selection grade was pressed.
Having heard learned counsel for the parties at a
length and having perused the records and also the annual
confidential reports awarded to the petitioner and other
papers produced on behalf of the High Court, we find it
difficult to hold that the High Court has acted unreasonably
in refusing to grant selection grade to the petitioner.
Admittedly grant of selection grade was considered on the
criteria of merit to the members of Delhi Higher Judicial
Service. Whenever a post in the selection grade was
available the High Court considered the petitioner along
with other officers but on a comparative assessment of merit
of eligible officers, it granted selection grade to the
officers who were junior to the petitioner and in that
process the petitioner stood superseded. Where promotion to
higher grade or post is made on the criteria of merit, many
a time junior officer is bound to supersede his senior in
the process of assessment of comparative merit, which may
result in supersession of a senior officer. This cannot be
helped since the petitioner’s case was considered on merit
along with others. and as
615
the High Court found officers junior to the petitioner
suitable for grant of selection grade the petitioner could
not be selected. We find no illegality in the High Court’s
orders.
However, we would like to refer one aspect which needs
consideration. On a perusal of the confidential character
roll entries and other papers produced before us on behalf
of the High Court, we find that since March 1979 to July
1980 the monthly statement of work done by the petitioner as
assessed by the High Court on the basis of the report of the
District Judge shows that the High Court rated his work and
conduct as "good" and for the years 1982-83, 1983-84, 1984-
85, 1985-86 and 1986-87 the petitioner has been awarded ’B’
grading. No doubt he has not earned ’A’ grading but the
confidential reports show that he is an honest officer.
Integrity of a judicial officer is a great asset to
administration of justice, it must be given due weight. The
petitioner comes from a weaker section of the society and he
has been found to be an honest officer, this fact needs
consideration. In our opinion the High Court should consider
the petitioner’s case sympathetically for the grant of
selection grade in the light of our observations at the next
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selection.
Writ petition is disposed of accordingly, there will be
no order as to costs.
N.V.K. Petition disposed of.
616