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2022 Supreme(J&K) 73

DHIRAJ SINGH THAKUR, SANJAY DHAR
Arvind Sharma – Appellant
Versus
State through Law Department – Respondent


Advocates Appeared:
For the Appellant in SWP No.1350/2011 :Mr. F.A. Natnoo, Advocate.
For the Appellant in SWP No.748/2009 :Mr. S.F. Qadri, Sr. Advocate with Mr. Iqra Khalid, Advocate.
For the Respondent:Mr. A.V. Gupta, Sr. Advocate with Mr. Aditya Gupta, Advocate, Mr. M.I. Qadri, Sr. Advocate with Mr. Naveed Gul, Advocate, Mr. Kishore Kumar, Advocate, Mr. Mohsin Qadri, Sr. Advocate with Ms. Saima, Advocate.

JUDGMENT :

Dhiraj Singh Thakur.

SWP No.1350/2011 & SWP No.748/2009

Since common questions of law and fact are involved in the present petitions, we propose to decide the same by way of a common judgement and order.

1. With a view to understand clearly the issues that arise in the present petitions, it is necessary to state in brief the material facts:-

2. The J&K Public Service Commission initiated the process for recruitment against 50 vacancies of Munsiffs, as requisitioned by the High Court, by utilizing the roster point from 81 onwards on a 100 point roster. A notification dated 04.12.2001 was issued in this regard. Examinations were conducted and a select list was prepared in terms of Rule 13(2) of the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967, which envisages that the candidates would be arranged by the Commission in the order of merit as disclosed by the aggregate marks including those obtained in viva-voce and that such of the candidates who were found by the Commission to be qualified in the examination would be recommended for appointment upto t

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