Judicial Seniority Dispute: Supreme Court Upholds Notional Seniority for Direct Recruit Judge

The case of C. Jayachandran vs. State of Kerala & Ors. is a crucial legal battle concerning the judicial appointment process, service seniority, and the interpretation of direct recruitment and by-transfer appointments in the Kerala Higher Judicial Service. The Supreme Court was tasked with determining whether a direct recruit, who was wrongfully excluded from an initial selection list due to the illegal grant of moderation marks, was entitled to notional seniority from the date his batchmates were appointed.

The case raises significant questions about judicial service recruitment policies, adherence to appointment quotas, and the rights of direct recruits compared to promotees appointed by transfer.

Background of the Case

On April 16, 2007, the Kerala High Court issued a notification for the recruitment of six District Judges through direct recruitment in the Kerala Higher Judicial Service. However, the selection process was challenged due to a minimum age requirement of 35 years. The Kerala High Court struck down this age limit on November 12, 2009, and the Supreme Court upheld the decision by dismissing a special leave petition against it.

After the revised eligibility criteria, candidates were selected, and appointments were made on March 30, 2009. However, C. Jayachandran, the appellant, was excluded from the final selection due to the illegal award of moderation/grace marks to certain candidates.

Legal Challenges Against Selection Process

Jayachandran challenged this selection process on the grounds that the moderation of marks was unlawful and that his exclusion was unjust. The Kerala High Court, in a judgment dated September 13, 2010, ruled that the grant of moderation was illegal and ordered the recasting of the select list.

The Court held:

“The decision of the Selection Committee to grant moderation is unsustainable in law. The resultant situation is that only the seven candidates who were initially found eligible on the basis of their having secured the cut-off marks in the examination should have been subjected to the viva-voce examination and an appropriate decision regarding their suitability to fill up the originally advertised six posts should have been taken.”

Following this judgment, the Supreme Court dismissed a challenge by the affected candidates on October 8, 2010, thereby upholding the High Court’s decision to invalidate the moderation process.

Appointment of Jayachandran and Seniority Dispute

After the revised select list was prepared, Jayachandran was formally appointed as a District Judge in the Kerala Higher Judicial Service on February 24, 2011. However, his appointment order did not explicitly grant him seniority from the date the original batch of selected candidates had joined.

Jayachandran filed a representation on April 11, 2012, seeking notional seniority from March 30, 2009, arguing that his wrongful exclusion should not impact his seniority position. He followed up with a reminder on September 18, 2014. The Administrative Committee of the High Court of Kerala, after considering his representation, upheld his claim and assigned him seniority above candidates appointed by transfer.

Respondents’ Challenge and High Court’s Reversal

Several promotee District Judges challenged the decision of the Administrative Committee before the Kerala High Court. The Single Bench of the High Court dismissed their writ petitions on January 8, 2019, affirming Jayachandran’s seniority. However, an intra-court appeal was allowed by the Division Bench on September 3, 2019, which ruled against Jayachandran and stripped him of his notional seniority.

The Division Bench held that:

• The Administrative Committee lacked jurisdiction to decide seniority disputes.
• There was no explicit quota for by-transfer appointments.
• Jayachandran had accepted his appointment order and had not protested immediately.
• The delay in his representation weakened his claim for seniority.

Supreme Court’s Observations

The Supreme Court examined the service rules and previous rulings to determine whether Jayachandran was entitled to notional seniority. Key considerations included:

• The judicial precedent that candidates wrongfully excluded from a selection list are entitled to retrospective seniority.
• The fact that the High Court’s earlier order invalidating the moderation marks was final and binding.
• The doctrine of quota-based appointments, ensuring a fair balance between direct recruits and promotees.
• The importance of maintaining merit-based selection lists.

The Court cited the judgment in Sanjay Dhar vs. J&K Public Service Commission, which held that candidates wrongfully excluded from selection are entitled to notional seniority.

Final Judgment

The Supreme Court ruled in favor of Jayachandran, stating:

“The appellant was wrongfully excluded due to an arbitrary award of moderation marks. He is entitled to notional seniority from the date of appointment of other selected candidates.”

The Court set aside the Kerala High Court’s Division Bench judgment and reinstated Jayachandran’s seniority as per the revised select list.

Impact of the Judgment

This ruling has significant implications for judicial appointments and service jurisprudence:

• It reinforces the principle that wrongful exclusion from selection must be rectified with notional seniority.
• It clarifies that seniority disputes involving direct recruits and promotees must adhere to quota-based rules.
• It upholds the role of the Administrative Committee in service matters.
• It safeguards merit-based selection processes from undue administrative interference.

The decision ensures that procedural irregularities in judicial appointments do not unjustly affect candidates’ careers, reaffirming the importance of fair selection practices in public services.

Petitioner Name: C. Jayachandran.
Respondent Name: State of Kerala & Ors..
Judgment By: Justice Uday Umesh Lalit, Justice Hemant Gupta.
Place Of Incident: Kerala.
Judgment Date: 04-03-2020.

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