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| Accept applications of Dy Sec, POs: HC | | Selection of Sessions Judges | |
Early Times Report
Jammu, July 26 : In a petition filed by Achal Sethi presently Deputy Secretary J&K Law Dept, challenging the notification dated June 25, 2010 to the extent it invites application only from practicing advocates for the post of District Judges.
The petitioner sought directions to the respondents to allow the petitioner to participate in the process of selection for the post of District Judge and submitted that petitioner had been a practicing advocate and has experience of more than 10 years. It is further submitted that his application form for the post of District Judge is not being accepted by the respondents in view of the conditions of eligibility clause as prescribed in the said notification, on the ground that the petitioner is not a practicing advocate as on date.
Senior Advocate Sunil Sethi with Advocate Veenu Gupta appearing for the petitioner referred a judgment of Apex Court in case of Chandra Mohan Vs State of UP and others decided on August 8, 1966 submitted that word "service" has been interpreted by the Apex Court in above case which relates only to Judicial Service and not other service of the Union or the state. It is further submitted that a person who otherwise satisfies the condition of having practice of seven years as an Advocate and is working any other service other than judicial service can compete in the said examination. Justice Sunil Hali after hearing the petitioner issued notice to respondents' returnable within two weeks. In the meanwhile subject to the objections by other side, respondents are directed that they shall accept the application form of the petitioner. The result of petitioner shall not be declared till further orders.
In other two petition filed by Harvinder Singh & Ors and Gurjot Kour & Ors who are working as Prosecuting Officers, Justice Sunil Hali after hearing Senior Advocate for the petitioners issued notice to the respondents and subject to objections by other side and till next date of hearing it is provided that respondents shall accept the application forms of the petitioners but shall not declared their results. JNF |
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