YASHPAL SHARMA Vs. HIGH COURT OF J&K

JUDGEMENT

(1.) THE main arguments raised on behalf of the petitioners is that so far as the Readers of the Honble Judges of this Court are concerned, they are supposed to be Law Graduates. It is submitted that non Law Graduates can be appointed as Readers in the subordinate Courts, but not with the Honble Judges of this Court. As this is the basic submission made by the petitioners, it would be apt to examine the facts.

(2.) THE petitioners who are borne on the cadre of J&K High Court Service have a grievance. This is with regard to appointment of private respondents as Readers. It is stated that under the Rules i.e. J&K High Court Staff (Conditions of Service) Rules, 1968, only a person having a Degree in the Discipline of Law can be called upon to perform the duty of a Reader in this Court. For this, reliance is being placed on Government Order No: 106 -C of 1943 dated: 01 -02 -1943 also. For facility of reference, this is reproduced below:

(3.) THE petitioners also place reliance on Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968. It is stated that the post of Reader is mentioned in heading class II (i). For facility of reference, this categorically is reproduced below: