LAWS(SC)-1982-10-13

M M GUPTA STATE OF JAMMU AND KASHMIR Vs. STATE OF JAMMU AND KASHMIR:M M GUPTA:STATE OF JAMMU AND KASHMIR

Decided On October 15, 1982
STATE OF JAMMU AND KASHMIR Appellant
V/S
STATE OF JAMMU AND KASHMIR Respondents

JUDGEMENT

(1.) I entirely agree with my learned brother Sen in his observations concerning the incompetence of the certificate granted by the High Court and the maintainability of the writ petition and in the order granting special leave to appeal to the appellants.

(2.) ON the merits I agree with my learned broom that the promotions of respondents Nos. 3, 4, 5 and 6 as District and Sessions Judges by the State Government is contrary to law inasmuch as there was no consultation between the State Government and the High Court before the promotions were effected. This contention of the appellants must succeed. I do not propose to express any opinion on the other contention of the appellants that the promotions fall outside the scope of Art. 233 of the Constitution. <DJG>AMARENDRA NATH SEN</DJG>

(3.) THE writ petitioners in the High Court who are also the appellants in Civil Appeal No. 1349 of 1982 in this Court by certificate granted by the High Court have filed a writ petition in this Court under Art. 32 of the Constitution substantially for the same reliefs claimed in the writ petition, in the High Court and now forming the subject matter of Civil Appeal No. 1349 of 1982 in this Court. In the writ petition filed in this Court the petitioners have prayed for the issue of a writ of certiorari or in the nature thereof, quashing the order of appointment of respondents Nos. 3 to 6 as District Judges, for a writ order or direction in the nature of quo warranto quashing the appointment of respondents Nos. 3 to 6 as District Judges and a writ of mandamus directing the State to appoint the petitioners as District and Sessions Judges in accordance with the recommendations made by the High Court of Jammu and Kashmir. THE writ petition filed by the petitioners bears Writ Petitions Nos. 2186 to 2189 of 1982. This judgment will dispose of all the three matters.