LexALL INDIA JUDGES ASSOCIATION AND OTHERS versus UNION OF INDIA AND OTHERS
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[2025] 5 S.C.R. 1070 : 2025 INSC 735 All India Judges Association and Others v. Union of India and Others (I.A. No. 93974 of 2019 With I.A. No(s). 72900, 73015 and 40695 of 2021 With I.A. No(s). 50269 and 201893 of 2022 In Writ Petition (C) No. 1022 of 1989) 20 May 2025 [B.R. Gavai, CJI,* Augustine George Masih and K. Vinod Chandran, JJ.] Issue for Consideration Matter pertains to restoration of 10% quota reserved for Limited Departmental Competitive Examination-LDCE for promotion to Higher Judicial Service-cadre of District Judge, to 25%; reduction of the minimum qualifying experience for appearing in LDCE, and if so, by how many years; percentage of reservation of quota for meritorious candidate from the Civil Judge (Junior Division) to Civil Judge (Senior Division); the minimum experience as a Civil Judge (Junior Division); calculation of the quota to be reserved for the said departmental examinations in a particular year on the cadre strength or on the number of vacancies occurring in the particular recruitment year; introduction of suitability test while promoting the Civil Judge (Senior Division) to the Cadre of District Judges against the existing 65% quota for promotion to Higher Judicial Services on the basis of merit-cum-seniority; and restoration of the requirement of having minimum three years practice for appearing in the examination of Civil Judge (Junior Division), and calculation of the same from the date of the provisional enrolment/registration or from the date of the passing of the AIBE. Headnotes† Judiciary – Higher judiciary – Promotion to Higher Judicial Service-cadre of District Judge – Quota reserved for Limited * Author [2025] 5 S.C.R. 1071 All India Judges Association and Others v. Union of India and Others Departmental Competitive Examination-LDCE – If 10% quota reserved for LDCE for promotion to Higher Judicial Service- cadre of District Judge, to be restored to 25% as determined by this Court in ***All India Judges’ Association’s case – Consideration: Held: Quota of reservation for LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service increased to 25% – If quota of LDCE is restored to 25% as originally recommended in the ***Third AIJA Case, which was reduced to 10% in the ****Fourth AIJA Case, it would provide an incentive amongst the officers in the Cadre of Civil Judge (Senior Division), as also an opportunity to get accelerated promotion in the cadre of District Judge if they are meritorious and deserving – Sufficient number of Judicial Officers from the Cadre of Civil Judge (Senior Division) would be available who would be eligible for appearing in LDCE – If, in a particular year sufficient candidates are not selected from the LDCE quota, it would be appropriate that such posts would revert back to the regular promotion quota based on merit-cum-seniority, to be filled up in the same year, and this would also ensure that no prejudice would be caused to the regular promotees – Also, no adverse impact on the administration of justice would occur. [Paras 24, 27, 28, 89] Judiciary – Higher judiciary – Limited Departmental Competitive Examination-LDCE for promotion to Higher Judicial Service- cadre of District Judge – Minimum requirement of having experiance of 5 years as Civil Judge (Senior Division) for appearing in LDCE for Higher Judicial Service – Modification of requirement: Held: Minimum qualifying service required to appear in the LDCE for promotion from the cadre of Civil Judge (Senior Division) to the Higher Judicial Service reduced to 3 years’ service as a Civil Judge (Senior Division) – Total service required to be undertaken, including service rendered as a Civil Judge (Junior Division) and Civil Judge (Senior Division), set at a minimum of 7 years’ service – Purpose behind providing a special quota for LDCE is to enable the meritorious Judicial Officers to get accelerated promotion and enter the Cadre of District Judge at an earlier point of time than other less meritorious candidates. [Paras 40-42, 89] 1072 [2025] 5 S.C.R. Supreme Court Reports Judiciary – Subordinate judiciary – Promotion of Civil Judge (Junior Division) to the cadre of Civil Judge (Senior Division) – Reservation of quota – Minimum experience as a Civil Judge (Junior Division) – Requirement: Held: 10% of the posts in the Cadre of Civil Judge (Senior Division) be reserved for accelerated promotion
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