JUDGMENT

PATHAK, J.:— I entirely agree with my learned brother Sen in his observations concerning the incompetence of the certificate granted by the High Court and the maintainability of the writ petition and in the order granting special leave to appeal to the appellants.

2. On the merits I agree with my learned broom that the promotions of respondents Nos. 3, 4, 5 and 6 as District and Sessions Judges by the State Government is contrary to law inasmuch as there was no consultation between the State Government and the High Court before the promotions were effected. This contention of the appellants must succeed. I do not propose to express any opinion on the other contention of the appellants that the promotions fall outside the scope of Art. 233 of the Constitution.

AMARENDRA NATH SEN, J. (for himself and on behalf of P. N. Bhagwati, J.) :-

3. Four petitioners belonging to the cadre of Subordinate Judicial Service in the State of Jammu & Kashmir and whose names were recommended by the High Court for appointment as District Judges, filed a writ petition in the High Court of Jammu & Kashmir (Writ Petn. No. 668 of 1982) challenging the validity of appointment as District Judges of the