1991 (12) TMI 281 - SC - Indian Laws

Summary

Issues Involved:
1. Amendment of the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967.
2. Issuance of a writ of mandamus to the State Government to amend the rules.
3. Consultation process between the High Court and the Public Service Commission.

Summary:

Amendment of the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967:
The appeal concerns the judgment and order dated February 22, 1991, of the High Court of Jammu & Kashmir, which relates to the amendment of the Jammu & Kashmir Civil Services (Judicial) Recruitment Rules, 1967. The High Court proposed amendments to provide for a 25% reservation of vacancies in the Service by way of promotion/transfer for certain High Court employees, including Assistant Registrars, Readers, Court Officers, and Librarians. The proposed amendment included substituting Rule 4 and adding Chapter IV-A to prescribe the procedure for recruitment by promotion/transfer.

Issuance of a writ of mandamus to the State Government to amend the rules:
The High Court issued a writ of mandamus directing the State Government to consider effectively the amendments proposed by the High Court and to carry the process of amending the rules to its logical conclusion within three months. The Supreme Court held that a writ of mandamus cannot be issued to the legislature to enact a particular legislation or to the executive to make rules, as these powers are legislative in nature. The direction given by the High Court was deemed impermissible and was set aside.

Consultation process between the High Court and the Public Service Commission:
The Supreme Court emphasized the importance of effective consultation between the High Court and the Public Service Commission (Commission) as required u/s 110 of the Jammu & Kashmir Constitution. The Commission had raised several points regarding the proposed amendments, which were not fully considered by the High Court. The Supreme Court suggested that a more detailed examination of the issues raised by the Commission is necessary and recommended the formation of a Committee of Judges to review the matter comprehensively. The recommendations made by the High Court after such consideration should receive due weight and regard from the State Government.

Conclusion:
The appeal was allowed, and the judgment and order of the Learned Single Judge and the Division Bench of the High Court were set aside. The Writ Petition filed by the respondents was dismissed. The High Court was advised to reconsider the matter relating to the amendment of the rules in light of the observations made by the Supreme Court. There were no orders as to costs.