ORDER :

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Jammu and Kashmir (at Jammu) dated 27 November 2015.

3. The respondents, who are the petitioners before the High Court, qualified at the Jammu and Kashmir Civil Services (Judicial) Examinations 2002 and were appointed as Judicial Magistrates in 2002-03. They were placed higher in the merit list compared to the petitioners. However, the gradation list was prepared by applying the roster for direct recruitment as provided under Rule 5 of the Jammu and Kashmir Reservation Rules, 2005 ¹ [2005 Rules]. This in effect led to the reserved category petitioners displacing the general category respondents in the gradation list. The third and fourth petitioners were promoted as Sub-Judge on the basis of their placement in the gradation list. A Writ Petition was filed seeking to quash the gradation list of Judicial Magistrates and for a direction to prepare the gradation list, based on merit. The contention of the respondents before the High Court was that Rule 5 of the 2005 Rules will be applicable only for direct recruitment and not for determination of inter se seniority for the purpose of promotion. For this purpose, reference was also made to Rule 31 of the 2005 Rules and Rule 24 of the Jammu and Kashmir (Classification, Control & Appeal) Rules 1956.

4. While disposing of the writ petition filed before the High Court, the Division Bench relied upon its earlier decision in Ashok Kumar and Others v State of J&K and Others (SLP No 1290/2014 along with connected matters). For convenience of reference, the finding of the High Court, on this aspect, is extracted below:

“16. The issue raised in the present petition squarely falls within the judgment rendered by the Division Bench in Ashok Kumar Sharma's case. Though petitioners do not assail the Gradation List and the consequent promotion order on the ground that these are not constitutionally permissible and therefore ultra vires Constitution yet the law laid down in Indra Sawhney's case and relied upon in Ashok Sharma's case cannot go unnoticed, while dealing with present case as it touches constitutionally of the Reservation Rules whereupon the impugned Gradation List is based and therefore, validity of the High Court orders promoting private respondents on the basis of this placement in Gradation List. The Gradation List in question and promotion orders made on the basis thereof, in favour of private respondents, in implementation of reservation policy, are therefore, liable to be set aside on this ground alone. The conclusion so drawn, ordinarily, would clinches the matter. However, it would be, if not necessary, but appropriate to deal with the issues, other that constitutionality of Reservation in promotion scheme, raised in the petition.”

5. Having come to the conclusion that the earlier decision in Ashok Kumar’s case would govern the proceedings, the High Court dealt with other issues, other than the constitutionality of reservation in promotion in the then State of Jammu and Kashmir. Eventually, by its judgment, the High Court held that there was merit in the challenge to the gradation list dated 1 June 2010 issued by the High Court and to the promotions granted to the post of Civil Judge (Senior Division) on the basis of the placement in the gradation list. The operative directions of the High Court are contained in paragraphs 25 and 26 of the judgment, which are extracted below:

“25 For the reasons discussed above, we find merit in challenge to Gradation List dated 01.06.2010 issued by respondent No. 2 as also order promoting respondents 3 and 4 as Civil Judge (Senior Division) on the basis of their placement in the Gradation List. Challenge to such other orders passed on the basis of the impugned Gradation List, allowing the private respondents, belonging to different Reserved Categories to steal march over the petitioners, is also to succeed. We are told that Petitioners 1 to 10 s