IMPORTANT POINT
Seniority – Roster system is only for the purpose of ensuring that quantum of reservation is reflected in recruitment process – It has nothing to do with inter se seniority among those recruited – Roster points do not determine seniority of appointees who gain simultaneous appointments.

ORDER

1. This petition seeking leave to appeal under Article 136 of the Constitution is at the instance of unsuccessful original respondents in a writ application filed before the High Court of Jammu & Kashmir (Judicial Officers) and is directed against the judgment and order passed by a Division Bench of the High Court dated 27.05.2022 in the SWP No. 1350/2011 by which the High Court allowed the Writ Petition filed by the Respondents No. 3 to 19 herein (original writ applicants).

2. The facts giving rise to this special leave petition may be summarized as under:

2.1 At the outset, we may state that this is a 2nd round of litigation before this Court on the issue relating to fixation of the seniority of the Munsiffs (Batch of 2003) for promotion to the post of Sub-Judge in the State of Jammu & Kashmir (Now Union Territory).

2.2 This Court in the 1st round of litigation took notice of the fact that the respondents herein (original writ applicants) qualified at the Jammu and Kashmir Civil Services (Judicial) Examinations 2002 and were appointed as the Judicial Magistrates in 2002-03. They were placed higher in the merit list compared to the petitioners herein. 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. This in effect led to the reserved category petitioners displacing the general category respondents in the gradation list. A Writ Petition was filed seeking to quash the gradation list of the Judicial Magistrates and for a direction to prepare the gradation list based on merit.

3. The High Court held as under:

"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..

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 Petitioner 1 to 10 stand already promoted as Civil Judges (Senior Division) and so are respondents 3 to 12 and 14 and 15. The interest of petitioners 1 to 10 is, therefore, restricted to their placement at appropriate place in the seniority list of Civil Judges (Senior Division) maintained by respondent No. 2

26. Petitioners 11 to 16 and Mis Mir Afroz (on deputation) Abdul Qayoom Mir and Manzoor Ahmad Zargar figuring at S.No. 19 to 27 in order of merit in the Merit List rank senior to respondents 4, 5, 7 to 12 at S. Nos. 32, 37, 31, 33, 34, 41, 38, 30 in the Merit List, and already promoted as Civil Judges (Senior Division) vide different High Court Orders including High Court order No. 252 dated 04.07