GURJOT KAUR Vs. HIGH COURT OF JANDK

JUDGEMENT

(1.) The petitioners, in all these Petitions, are the Police Prosecutors, serving as such in the Police Department of the State Government. They wish to compete for the post of District Judge and participate in the selection process initiated pursuant to High Court of Jammu and Kashmir, Srinagar's Notification No. 264-A dated 25.06.2010.

(2.) Rule 5(2)(b) of the Jammu and Kashmir Higher Judicial Service Rules, 2009, "the rules", for short, requires that a candidate must be a practicing advocate in the Courts of civil and criminal jurisdiction on the last date of receipt of applications and must have been in active practice for a period of not less than seven years.

(3.) Thus, disabled to compete pursuant to the above rule they have filed these Petitions seeking quashing of Rule 5(2)(b) of the rules, besides a Command to the respondents to permit them to compete for the post and participate in the selection process therefor. The case set up in the Writ Petition by them is that having remained as practicing Advocates before their selection and appointment as Prosecuting Officers in the Police Department, and appearing in the Courts of civil and criminal jurisdiction as Prosecuting Officers on behalf of the State Government, they fall within the definition of 'Advocate', in terms of the Advocates Act and thus entitled to compete for the post of District Judge and that Rule 5(2)(b) of the rules, which disables them from competing, was ultra vires the Constitution of Jammu and Kashmir.