- (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:
"SECRETARIAT GENERAL DEPARTMENT Sub: Creation of posts of readers in the Judicial department. Ref: Law Secretariat Note file 612 -A -41. (2) Accountant General, Finances J.O. No: FB/5894 dated 28th Jan. 1943. OrderNo: 106 -C of 1943dated 1st Feb. 1943 Sanction is accorded to the creation, with effect from 1st. Baisakh S -2000, of the following ministerial posts in the Judicial Department: - 1. High Court of Judicature. 3 Readers at Rs. 75 -5 -100 each Note: The persons appointed to these posts must possess the minimum qualification of a Degree in Law. 2. Sessions Judges, Srinagar and Jammu 2 Readers at Rs. 50 -5 -75 each 3. Additional District Magistrates, Srinagar 2 Readers -cum -Stenographers at Rs. 50 -5 -75 each 4. Sub -Judge Courts (excluding Jammu, Mirpur, Kathua and Bhaderwah) 7 Readers at Rs. 25 -2 -55 each. 5. Munsiff Courts. 14 Readers at Rs. 25 -2 -55 each By order in Council. Sd/N. Gopalaswami, Prime Minister. Copy of the Deputy Chief Secretary, Generals endt. GB -95 -A -43 dated: 16 -02 -1943."

(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:
"Class II (i) Readers.... 200 -15 -260 -EB -20 -300 -EB -20 -400 (admissible for Law Graduates otherwise the scale will be 140 -7 -175 -EB -10 -275)"

On the basis of Government order No: 106 -C of 1943 read with J&K High Court Staff (Conditions of Service) Rules, 1968, it is urged:

i) That so far as the Readers of this Court are concerned, they have necessarily to be Law Graduates;

ii) That so far as Readers in the Subordinate Courts are concerned, they can be Law Graduates or non Law Graduates;

iii) That so far as Law Graduates are concerned, they have to be fitted in the grade prescribed for Law Graduates and these who do not possess Degree in the Discipline of Law are to be fitted in a lower grade.
To repeat, what is sought to be urged is that the Jammu and Kashmir High Court Staff (Conditions of Service) Rules, 1968, are to be read alongwith Government Order No: 106 -C of 1943 dated: 01 -02 -1943. It is submitted that so far as the Readers of this court are concerned, they must possess Degree in Law. So far as Readers attached to the Sessions Judges, ADMs, Sub -Judge Courts or Munsiff Courts are concerned, they need not be Law Graduates. It is urged that a Reader who possesses Degree in the Discipline of Law has to be fitted in a higher grade and a person not possessing Degree in Law has to be fitted in a lower grade. The two grades noticed in the Rules of 1968 are meant to cover the category of Readers who are Law Graduates and who are appointed to perform duties in this Court, and those who are not Law Graduates and are called open to perform duties in the Court of District Judges, Sub -Judge Courts or in Munsiff Court. In a nutshell, what is submitted is:
I) That so far as the Readers of this Court are concerned, they must be Law Graduates;

II) That so far as Readers other than Court are concerned, they need not be Law Graduates;

III) That Government Order No: 106 -C of 1943 holds the field in the matter of prescribing of qualifications;

IV) That the pay structure given in the Schedule appended to J&K High Court Staff (Conditions of Service) Rules, 1968, deals with only the category of Readers i.e. Readers who are Law Graduate and those who are not Law Graduates and salary payable to them;

V) That so far as this Court is concerned, the Readers must possess Degree in the Discipline of Law and if they do not so possess the said qualification, they cannot be so appointed;

VI) That the pay scale of Readers who are Law Graduates; whether appointed with the Honble Judges of this Court and other Subordinate Courts has to be higher than that of the pay scale of those Readers who are not possessing the requisite qualification in the Discipline of Law;