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| 17 CJM/Sub-Judges challenge selection/appointment of direct Sessions Judges | | HC orders appointment shall be subject to outcome of petition | | Early Times Report
Jammu, Oct 20: In a rarest of rare case where the Senior most Sub-Judges/CJM challenged the selection of nine direct District & Sessions Judges on the various grounds, Justice Muzaffar Hussain Attar after hearing Advocate Pranav Kohli appearing for the petitioners, issued notice to the State High Court through Registrar General, Chief Secretary J&K State, Principal Secretary Law, Justice & Parliamentary Affairs and Nine Selected District & Sessions Judges and disposed of CMA with the order that it is provided that appointment if any, made to Higher Judicial Service (District & Sessions Judges), the same shall be subject to outcome of the writ petition.
This Court direction has been passed in a petition filed by Virender Singh Bhau (Presently posted as Special Municipal Mobile Magistrate) and 16 others Sub-Judges/CJMs challenging the selection of Nine direct District & Sessions Judges on the various grounds including that the State High Court initiated process of selection to as many as 13 posts of District & Sessions Judges by direct Recruitment mode, as advertised vide its notification No 501 dated August 1, 2011, the select-list which has been approved by the State High Court through its Registrar General, private respondents number nine have been selected for appointment pursuant to the said notification and the names of the said nine private respondents have been forwarded by the Registrar General of J&K High Court to the Chief Secretary J&K State and Principal Secretary Law for approval of appointment, however, the appointment of Nine private respondents still to be approved by the Government.
In the petition it has been submitted that the petitioners' service career and prospects are likely to be pre-judicially affected in case as many as 13 posts of District & Sessions Judges are filled-up by the direct recruitment method at the cost of right of the in-service officers for promotion earned by the length of their service under the State Judiciary. The petitioners who were to be the immediate affected persons preferred a written representation to the Registrar General, requesting for modification or alteration of the said notification dated August 1, 2011, but the representation made by the petitioners is still not decided. The respondents are in a process of initiating the selection process by approving the appointment of the nine private respondents and filed this petition. |
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