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2014 Supreme(SC) 246

S.S.NIJJAR, FAKKIR MOHAMED IBRAHIM KALIFULLA
Madan Lal – Appellant
Versus
High Court of Jammu & Kashmir – Respondent


Advocate Appeared
For the Appellant:Binu Tamta, Advocate, In-Person(NP).
For the Respondents:Tara Chandra Sharma, Advocates.

Judgment :

Fakk I R Mohamed Ibrahi M Kaliful La, J.

1. These Appeals are directed against a common Judgment of the High Court of Jammu and Kashmir dated 31.01.2000 rendered in S.W.P. No.333 of 1999 and O.W.P. No.1641 of 1999 and other connected writ petitions. The Appellants herein were Petitioners in S.W.P. No.333 of 1999 and S.W.P. No.260 of 1999. In the Writ Petition(s) the challenge was to the selection and appointment to the post of District and Sessions Judge borne on the cadre of the service constituted under the Rules, namely, "The Jammu and Kashmir Higher Judicial Service Rules, 1983" (hereinafter referred to as "Rules, 1983"). The recruitment and appointment to the said cadre under the aforesaid Rules is from two sources, namely, 75% by way of promotion of in service candidates and 25% by direct recruitment. The challenge in the Writ Petition(s) related to the selection and appointment of candidates under the direct quota pursuant to the modified Notification No.16 of 1997 dated 05.09.1997. The earlier notification was Notification No.50 of 1995 dated 01.08.1995. As per the modified notification, four posts were advertised out of which two were for general catego

















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