ACHAL SETHI Vs. HIGH COURT OF JANDK

JUDGEMENT

(1.) The petitioner, a Deputy Secretary to the Government of Jammu and Kashmir in the Law Department, wishes to compete for the post of District Judge and thus 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, in terms whereof, a candidate must be a practicing Advocate in Courts of Civil and Criminal Jurisdiction on the last date of receipt of applications and must have been in actual practice for a period of not less than seven years, debars him to compete.

(3.) Thus, disabled to compete, he has filed this Writ Petition seeking issuance of a Writ of Certiorari to quash Rule 5(2)(b) of the Jammu and Kashmir Higher Judicial Service Rules, 2009, hereinafter to be referred as "the rules", besides a Command to the respondents to permit him to compete and participate in the selection process.