New Delhi: The Supreme Court has rejected the Jammu and Kashmir government’s challenge to a High Court directive to create 334 judicial posts within 60 days, according to Live Law report.
A bench of Justices Hrishikesh Roy and SVN Bhatti declined to entertain the special leave petition (SLP), emphasizing that the High Court’s interim observations were tentative and subject to the final ruling in the ongoing case.
In its decision, the Supreme Court stated, “We find no merit in entertaining the SLP, which is hereby dismissed. The interim observations, however, remain tentative and are subject to the final outcome of the case.”
The case originated from a 2017 writ petition initially focused on securing monetary benefits for High Court employees. Over time, it evolved to address the critical need for additional judicial staff to handle the increasing workload. The Jammu and Kashmir and Ladakh High Court stressed the importance of creating new posts, citing a 2014 recommendation by its Registry to establish 334 positions across various categories. Despite consistent reminders, the UT administration only approved 24 posts in 2023.
In November 2024, the High Court issued a stern order asserting that judiciary staffing recommendations are binding and financial implications should be met through the UT’s consolidated fund. It criticized the administration for its sluggish response and inappropriate comparisons with other states, highlighting the unique challenges of the High Court’s dual locations in Srinagar and Jammu.
The UT government appealed to the Supreme Court, arguing that staffing decisions should be handled administratively. Additional Solicitor General KM Nataraj pointed out that 156 posts had already been sanctioned and raised concerns that judicial directives could hinder administrative functioning.
Justice Bhatti addressed these arguments, noting the High Court’s dissatisfaction with comparisons made to other High Courts, while clarifying that the High Court’s observations were not final. Nevertheless, the Supreme Court upheld the directive to create the judicial posts.
The High Court is set to review the progress of the matter on January 25.
