Govt can’t breach provisions of Constitution: HC

Excelsior Correspondent
JAMMU, Nov 15: State High Court today said that State Government cannot breach the provisions of Constitution by keeping the recruitment of supporting staff for the Dehi Adalats under its control and Rules under J&K Dehi Adalats Act have to be amended at the earliest to make these Adalats functional.
According to the Registrar General Ashok Koul, after identification of locations for the Dehi Adalats in consultation with the High Court, the Department of Law was asked to frame Rules under J&K Dehi Adalats Act so that such Adalats are made functional in a time bound manner.
In the Rules the Government mentioned that selections for the posts of Munsiffs will be made by the Public Service Commission and for the supporting staff by the Services Selection Board.
However, the Rules were rejected by the Full Court of the High Court on the ground that as per the provisions of Article 235 of the Constitution of India and Article 111 of Constitution of Jammu and Kashmir High Court has exclusive control over the Subordinate Courts and recruitment/ selections are governed by J&K Ministerial Subordinate Staff (Recrui-tment and Condition of Services) Rules, 2016.
Keeping in view the decision of the Full Court, the Department of Law has been asked to redraft the Rules so that there is no breach of Constitutional provisions. “We have our own mechanism of recruitment of staff for the subordinate judiciary and that cannot be ignored while making recruitment for Dehi Adalats”, Registrar General said.
He hoped that State Government will respect the Constitutional provisions and make necessary changes in the Rules as recommended by the Full Court so as to facilitate early functioning of Dehi Adalats.


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