Srinagar: The Jammu and Kashmir Government has amended the Jammu and Kashmir Higher Judicial Service Rules, 2009, introducing significant changes in the recruitment and promotion process for Higher Judicial Service posts, including opening direct recruitment to in-service judicial officers possessing combined experience as advocates and judicial officers.
According to a notification issued by the Department of Law, Justice and Parliamentary Affairs, the amendments have been made in consultation with the High Court of Jammu & Kashmir and Ladakh under powers conferred by Articles 309 and 233 of the Constitution.
The amended rules define an “in-service candidate” as a member of the Jammu & Kashmir and Ladakh Judicial Service having a combined experience of seven years or more as an advocate and judicial officer. The term “advocate” has also been expanded to include practising advocates, pleaders, government pleaders and public prosecutors.
The government has revised the quota for filling Higher Judicial Service posts. Under the amended framework, 50 per cent of posts will be filled through regular promotion, 25 per cent through Limited Departmental Competitive Examination (LDCE), and 25 per cent through direct recruitment from eligible advocates and in-service candidates on the basis of written and viva voce examinations conducted by the High Court.
For direct recruitment, candidates must either be practising advocates with at least seven years of continuous practice in civil and criminal courts or in-service candidates having a combined continuous experience of seven years or more as advocates and judicial officers as on the last date for submission of applications.
The notification also revises eligibility conditions for promotion through LDCE. Civil Judges (Senior Division) with a minimum of three years’ service in the grade and seven years’ total judicial service will be eligible to compete for promotion under the 25 per cent LDCE quota.
Further, Rule 7 has been substituted to prescribe the examination pattern for LDCE candidates. The selection process will comprise a written examination carrying 180 marks, performance assessment of 80 marks based on Annual Confidential Reports, judgments and disposal of contested cases, and a viva voce carrying 20 marks. Candidates must secure the prescribed qualifying marks to be considered successful.
The amendments also introduce a detailed annual four-point roster system for determining seniority within the Higher Judicial Service and provide guidelines for handling unfilled vacancies and delayed recruitment processes.
The amendments have also done away with certain existing provisos in the 2009 Rules and streamlined the recruitment framework to bring greater clarity to appointments and promotions within the Higher Judicial Service. Legal experts believe the inclusion of in-service candidates in the direct recruitment quota is likely to widen the pool of eligible candidates and recognize prior experience gained at the Bar before joining judicial service.
Another significant change relates to seniority determination. The amended Schedule ‘B’ provides that seniority among Higher Judicial Service officers shall be regulated through an annual four-point roster comprising two promotion slots, one LDCE slot and one direct recruitment slot. The roster aims to ensure a balanced representation of officers recruited through different channels while maintaining a structured order of seniority.
The rules further stipulate that officers appointed through a recruitment process completed within the year of its initiation will retain seniority according to the roster position of that year. However, where recruitment is delayed or vacancies are carried forward, seniority will be determined in accordance with the year in which the recruitment process is finally concluded and appointments are made.
In cases where vacancies earmarked for direct recruits or LDCE candidates remain unfilled due to the non-availability of suitable candidates, the amended rules provide for such vacancies to be filled through promotion. The government has, however, prescribed safeguards to ensure that the overall cadre strength continues to reflect the revised 50:25:25 recruitment ratio over time.
The amendments are expected to have a far-reaching impact on judicial career progression in Jammu & Kashmir and Ladakh by creating additional avenues for advancement, while also addressing long-standing issues concerning eligibility, recruitment quotas and inter-se seniority within the Higher Judicial Service.
