HIGH COURT OF J&K Vs. YASH PAL SHARMA

JUDGEMENT

(1.) WE have heard the learned counsel for the patties on the question which were formulated on 19.12.2001.

(2.) THE judgment impugned in this appeal, in our opinion does not afford a right of appeal to the appellant in as much as in the judgment impugned respondents have been directed to take notice of Govt. order No. 106 - C of 1943 dated 01.02.1943, whereby the qualification for the post of Readers in the High Court have been prescribed as Degree in Law and also the resolution passed by the full court in its meeting held on 21.06.1951, whereby question of waiving the said qualification was considered and it was opined that condition imposed in the government order (supra) is not to be waived.

(3.) SINCE no adverse order to the interest of the High Court has been passed, appeal by the High Court, in our view is neither competent nor affordable.