Supreme Court seeks response from Jammu and Kashmir High Court on plea alleging relatives of judges favoured in appointments as HC staff

The Supreme Court on Friday sought the response of the Jammu & Kashmir and Ladakh High Court in a public interest litigation (PIL) that alleged that relatives of former and present judges were favoured by the High Court while making appointments to its administrative posts [Jammu and Kashmir People's Forum vs High Court of Jammu & Kashmir and Ladakh and ors]..A Bench of Justices DY Chandrachud and Hima Kohli directed that the High Court on its administrative side to file its counter-affidavit in the matter, which has to be signed by the High Court's Chief Justice."The petitioner has levelled serious allegations about back door entries while appointing persons to the administrative staff of the establishment of the High Court of Jammu and Kashmir and Ladakh, the District Judiciary, the State Judicial Academy and Legal Services Authority ... to the effect that relatives of existing members of the staff as well as of present and former Judges of the High Court have been appointed without following a due process for selection. Issue notice, returnable in six weeks ... The counter affidavit shall be placed by the concerned Registrar only before the Chief Justice of the High Court for being approved" the order said. .The PIL, filed by NGO Jammu and Kashmir People's Forum through advocate Raj Kishor Chaudhary, alleged that several highly-qualified but unemployed youth were not considered for the departmental hiring. Further, several ad-hoc daily wagers, who had been working for more than a decade at the High Court, did not have their services regularised even as those known to be close to High Court staff were regularised. .Instead of going by the regular recruitment process, contractual workers and daily-wagers have been hired since 2007 who have since been absorbed without giving a due chance to the general public for the same, the plea stated.Reservation rules were also bypassed in this regard, even as the posts were not sanctioned or against any grade pay norms, it is contended. "Illegal favours were conferred upon various officers by adjusting their relatives," the plea stated. In this regard, the plea highlighted the names of close relatives of judges, magistrates, staff association members and orderlies who were recruited through such processes. It was contended that no individual has a right to occupy public office without being selected and there is no room for appointments by unfair means. .The petitioner, therefore, prayed that the High Court be directed not to further make any 'backdoor appointments' in the High Court establishment, the subordinate courts, the State Judicial Academy and the Legal Service Authority more particularly staff recruited in the E-Courts Mission Mode.The plea also seeks a probe by a credible agency into the officials responsible for such appointments, and quashing of such appointments made..[Read order]

Supreme Court seeks response from Jammu and Kashmir High Court on plea alleging relatives of judges favoured in appointments as HC staff

Abhimanyu Hazarika

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