BISHWA NATH Vs. STATE OF J&K

JUDGEMENT

(1.) QUESTION that has come up for consideration in this case is whether Rule 20 of the Jammu & Kashmir Reservation Rules, 1994 prescribing relaxed standards for Scheduled Caste and Scheduled Tribe candidates for promotion would automatically apply in a case where criteria of selection has already been laid down in the Jammu & Kashmir Law Officers (Subordinate) Service Recruitment Rules, 1990?

(2.) JAMMU and Kashmir Law Officers (Subordinate) Service Recruitment Rules, 1990 have been framed by the Government in exercise of the powers conferred under section 124 of the Constitution of J&K. Under Rule 5 of the Rules no person shall be eligible for appointment or promotion to any post in any class, category or grade in the service unless he possesses the qualifications as laid down in Schedule II appended thereto and fulfills other requirement of recruitment as provided in the rules and orders for the time being in force. Appointment to the service has to be made by promotion; direct recruitment and partly by direct recruitment and partly by promotion and by deputation from other departments. Schedule II appended to the Rules prescribes the requisite qualifications for appointment to the Service.

(3.) WE are concerned with promotion to the post of Senior Scale Stenographer. The method of recruitment for the above post, as laid down in Schedule II, is by promotion from Class II category (b) having not less than 8 years service in that category and on the basis of a test in shorthand and typewriting for which the minimum speed should be 80 words and 40 -words per minute respectively.