SYED T.A. NAQSHBANDI AND ORS.versusSTATE OF JAMMU AND KASHMIR AND ORS.

A                      SYED T.A. NAQSHBANDI AND ORS.
                                            V.

                 STATE OF JAMMU AND KASHMIR AND ORS.

                                     MAY 9, 2003
                                                                                         -
B          [DORAISWAMY RAJU AND D.M. DHARMADHIKARI, JJ.]


          Service Law:

           Jammu and Kashmir Higher Judicial Service Rules, 1983/Jammu and
C   Kashmir District and Sessions Judges (Selection Grade Post) Rules, 1968-
    Judicial officers-Grant ofselection grade and super-time scale-Writ petition
    challenging the grant as the same was done by-passing senior officers-Norms
    of grant of selection grade and super-time scale formulated in a Full Court
    meeting of High Court-Held: Grant of selection grade and super-time scale
D   justified as the same granted as per the provisions of law governing the
    matter-Guidelines laid down by High Court are not arbitrary or illegal or
    irrational-Shetty Commission's Report cannot be relied on as the same has
    not been carried out in relevant service Rules-Constitution of India, 1950-
    Article 235.

E         Constitution of India, 1950:

          Article 32-Judicial Review-Scope of-Held, it is permissible only to
    the extent offinding whether the process in reaching the decision was observed
    correctly and not the decision itself-Critical or independent analysis or
    appraisal of material not permissible.
F
         Articles 32 and 226--Judicial Review-Of decision of Committee or
    Full Court-Permissibility-Held: Judicial review in such matters not
    permissible except in an extra-ordinary case and not merely because there
    could be another possible view.

G         Judicial Discipline:




                                                                                         ,
          Unwarranted, unjustified and unpleasant remarks and allegations casting
    aspertions on constitutional functionaries-Held: Such remarks are not in
    good taste befitting the status ofjudicial officers, even when they are litigants.

H                                           114
                    SYED T.A. NAQSHBAND! v. ST ATE                     115

       Petitioners filed writ petition under Article 32 of the Constitution   A
seeking quashing of orders granting selection grade and super-time scale
to 3rd respondent including recommendations for consideration of his
name for further elevation, and seeking quashing of grant of selection
grade to respondents 4 and 8 as the criteria for grant of selection grade
was violative of Article 16 of the Constitution. They also sought for grant   B
of selection grade and super-time scale to petitioners 1 to 3 and grant of
selection grade to petitioners 4 and 5.

      Petitioners contended that Respondent Nos. 3, 4 to 6 and 8 were
placed in selection grade by-passing District Judges senior to them; that
respondent No.3 was not entitled to selection grade as he had never worked    C
as District and Sessions Judge and was not entitled to super-time scale as
he had put in only nine months service in selection grade; that respondent
Nos.4 to 6 and 8 were not eligible even for consideration for the grant of
selection grade as they were not confirmed and had put only 3 years of
service; that their representation against the orders granting selection
grade/super-time scale were dismissed without giving any reasons; that        D
the criteria fixed for according selection grade and super-time scale by
Full Court were not valid in view of recommendations of Shetty Commission
as modified and accepted in A/l fnqia Judges Association and Ors. v. UO.l.
(2002] 4 SCC 247; that the ACRs considered for grant of selection grade
and super-time scale were vitiated as no uniform principles or norms were     E
adopted in adjudging the claims of those whose ACRs were not available
for one or more period; and that ACRs prepared by Mir Committee were
rejected without justification.

      Respondents contended that in granting selection grade and super-
time scale, correct provisions of law governing the matter was strictly       p
observed and followed and the norms fixed to regulate the exercise thereof
were neither arbitrary nor illegal or unconstitutional; that reliance on
Shetty Commission's Report is misconceived as the same had not so far
been carried out in the relevant service Rules; and that baseless,
unwarranted, and indecorous accusations against constitutional
functionaries by judicial officers are unwarranted and the same should        G
be expunged from records.

     Dismissing the petition, the Court

     HELD:l. The proceedings relating to the grant of selection grade/
                                                                              H
    116                      SUPREME COURT REPORTS [2003] SUPP. I S.C.R.

A   super-time scale are not shown to be vitiated in such a manner as to
    warrant or justify the interference of this Court in these proceedings.
                                                                   (129-A, BJ

           2. Grievances must be sufficiently substantiated to have firm or
    concrete basis on properly established facts and further proved to be well
B   justified in law, for being, countenanced by court in exercise of its powers
    of judicial review. Judicial review is permissible only to the extent of
    finding whether the process in reaching the decision has been observed
    correctly and not the decision itself, as such. Critical or independent
    analysis or appraisal of the materials by the Courts exercising powers of
C   judicial review unlike the case of an appellate court, would neither be
    permissible nor conducive to the interests of either the officers concerned
    or the system and institutions of administration of justice, by going into
    the correctness as such of the ACRs or the assessment made by the
    Committee and approval accorded by the Full Court. [123-C, D, E)

D          3. Reliance placed upon the recommendations of Jagannatha Shetty
    Commission or the decision in All India Judges' Association case or even
    the resolution of the Full Court is not only inappropriate but a misplaced
    one. The conditions of service of members of any service for that matter
    is governed by statutory rules and orders, lawfully made in the absence
    of rules to cover the area which has not been specifically covered by such
E   rules, and so long they are not replaced or amended in the manner known
    to law, it would be futile for anyone to claim for those existing rules/orders
    being ignored yielding place to certain policy decisions taken even to alter,
    amend or modify them. High Court could not be found fault with for
    considering the matters in question in the light of the Jammu and Kashmir
p   Higher Judicial Service Rules, 1983 and the Jam mu and Kashmir District
    and Sessions Judges (Selection Grade Post) Rules, 1968 as well as the
    criteria formulated by the High Court. Equally, the guidelines laid down
    by the High Court for the purpose of adjudging the efficiency, merit and
    integrity of the respective candidates cannot be said to be either arbitrary
    or irrational or illegal in any manner to warrant the interference of this
G   Court with the same. Even dehors any provision of law specifically enabling
    the High Courts with such powers 'in view of Article 235 of the Constitution
    of India unless the exercise of power in this regard is shown to violate any
    other provision of the Constitution of India or any of the existing statutory
     rules, the same cannot be challenged by making it a justiciable issue before
H   courts. [123-F, G, H; 124-A, B, CJ
                     SYED T.A. NAQSHBANDI v. STATE                        117

      4. As regards the preparation of ACRs and the assessment made by           A
the Committee constituted as well as the approval accorded by the Full
Court therefor, there is no merit in the challenge made to the same. The
claim that only such a District and Sessions Judges who actively serve and
discharge duties holding such office in the field alone can be considered
for according selection grade or super-time scale proceed upon not only          B
a total misreading of the relevant rules but is also opposed to the well
settled position in law in this regard, besides, if accepted, rendering it
completely unworkable, impracticable and opposed to realities.
Appointment to the selection grade posts in the service envisaged from
amongst the members of the service 'holding the post of District and
Sessions Judge' should, in the context mean only of any person borne on          C
the cadre of District and Sessions Judge and who is a member of the
Jammu and Kashmir Higher Judicial Service and it is not necessary that
to be one such, he should be only functioning and discharging duties in
the districts in the regular Courts doing conventional court work.
                                                             (124-D, E, F]       D
      5. Having regard to the rules in force, the staff pattern in vogue and
the guidelines further formulated by the High Court, it cannot be said that
selection grade and super-time scale should be accorded on the basis of
seniority only. In any event, even in this regard the difference in seniority
could not be said to be so substantial or vast as to lend room for any           E
legitimate plea that it is so arbitrary or unreasonable as to call for
interference. If on an assessment of the materials on record, some one has
been adjudged to be more meritorious and preferred to others it could
not even be said to be supersession of senior by the junior, unlil>e in ca ;es
relating to promotion to a higher post with higher scales of pay by virtue
of seniority. 1125-C, D; F, G]                                                   F
      6. ACRs prepared by Mir Committee cannot be given any credence.
Therefore, the subsequent steps taken in this regard by the Chief Justice
with the newly constituted Committee are well justified and in accordance
with law and they do not suffer from any infirmity. Neither the High Court
nor this Court, in exercise of its powers of judicial review, could or would     G
at any rate substitute themselves in the place of the Committee/Full Court
to make an independent reassessment of the same, as if sitting on an
appeal. The evaluation made by the Committee/Full Court forming their
unanimous opinions is neither so arbitrary or capricious nor can be said
to be so irrational as to shock the conscience of the Court to warrant or        H
    118                      SUPREME COURT REPORTS [2003] SUPP. I S.C.R.

A justify any interference. In cases of such assessment, evaluation and
    formulation of opinions a vast range of multiple factors play a vital and
    important role and no one factor should be allowed to be overblown out
    of proportion either to decry or defy an issue to be resolved or claims
    sought to be considered or asserted. In the very nature of things it would
B   be difficult, nearing almost an impossibility to subject such exercise
    undertaken by the Full Court, to judicial review except in an extraordinary
    case when the Court is convinced that some monstrous thing which ought
    not to have taken place has really happened and not merely because there
    could be another possible view or someone has some grievance about the
    exercise undertaken by the Committee/Full Court. [126-B-G[
c         7. It is not anybody's case that the delay, if any, in preparing AC Rs
    of some or the other of the officers for all previous years or during any
    particular period was deliberate and with any ulterior motive. The
    grievance about alleged lack of uniform principles of criteria in the matter
    of preparing ACRs for the missing period attempted to be made by citing
D   two instances has been properly explained by the respondents and there
    is no infirmity in the same. [126-H; 127-A, B[

          8. While looking into the performance of a District and Sessions
    Judge considering to some extent, when necessitated, even performance
    in the post of Subordinate Judge cannot be said to be altogether an
E   irrelevant or impermissible consideration or exercise and the guidelines
    cannot be said to be vitiated on that account alone. [128-B, C[

          Shri Kumar Padma Prasad v. Union of India and Ors., (19921 3 SCC
    428, relied on.

F         9. The challenge to the grant of super-time scale to the third
    respondent on the ground that he had put in only about nine months
    service as selection grade District and Sessions Judge has no merit
    inasmuch as there is no minimum stipulated period of service required,
    to accord such super-time scale in the rules in force and as a matter of
G   fact, the conspicuous omission to stipulate any such requirement would
    go to show that no such criteria is a must and all or any of the selection
    grade District and Sessions Judges available could become eligible for
    consideration. The recommendations of Jaganatha Shetty Commission
    having not been duly implemented by any amendment of rules so far, the
    same cannot be insisted upon as a binding criteria. [128-C, D, El
H
                  SYED T.A. NAQSHBANDI v. STATE [RAJU, J.]                 119

       I 0. The absence of reasons in the order rejecting the representations     A
or. the original resolution granting selection grade/super-time scale, in the
nature of proceedings themselves cannot be said to be an infirmity. The
noting in the files dealing with those aspects would be sufficient record
and the proceedings in the form of resolutions cannot be expected to be
in the format of a judicial order dealing with each and every claim.              B
                                                                   (128-F, GI

      11. The unwarranted, unjustified as well as unpleasant remarks,
allegations which tend to cast certain aspersions upon some of the
constitutional functionaries bordering on insinuations could have been well
avoided, without even sacrificing in any manner their right to challenge          C
the impugned proceedings. The language used as well as the purport of
such allegations seem to be of not good taste, befitting the status of judicial
officers even when they are litigants before the Court. Such unwarranted
remarks and observations are expunged in entirety, from the record.
Petitioners could have equally avoided making allegations of the nature
made, in this case, to justify their action to directly approach this Court       D
under Article 32 of the Constitution of India. (129-C, D, El

         CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 354 of
2002.

        (Under Article 32 of the Constitution of India.)                          E
     L. Nageswara Rao, Amit Dhingra and P.H. Parekh for Ms. P.H. Parekh
& Co., for the Petitioners.

     Harish N. Salve, B. Dutta, Ms. Meenaksi Sakhardande, Ms. Neelam
Sharma, Sam Mathew, Tara Chandra Sharma, Ms. Shamama Anis, S. Mehdi               F
Imam and Anis Suhrawardy for the Respondents.

        The Judgment of the Court was delivered by

       D. RAJU, J. The above Writ Petition has been filed under Article 32
of the Constitution of India seeking for a writ in the nature of Certiorari to
quash the order bearing No.283 dated 4.7.2002 and order Nos.142-143 dated G
27.4.2002 and also to quash the grant of selection grade and super-time scale
to the third respondent herein, including the recommendations said to have
been made for consideration of the name of R-3 for further elevation. In
addition thereto, relief of Certiorari was sought even to quash the grant of
selection grade to respondents 4 to 8 on the ground that the criteria on which H
     120                       SUPREME COURT REPORTS [2003] SUPP. I S.C.R.

A it was accorded to them was wholly arbitrary, illegal and unconstitutional and
    violative of Article 16 of the Constitution of India. As a consequence to the
    above, relief in the nature of Mandamus was also sought to direct the second
    respondent to grant selection grade to the petitioners I to 3 with effect from
    28.6.2001and further grant to the petitioners I to 3 super-time scale with
    effect from 27.4.2002, the date on which it was said to have been given to
B   R-3, in addition to seeking for such relief for Mandamus to give selection
    grade to petitioners 4 and 5 with effect from 27.4.2002, the date from which
    it was given to respondents 4 to 8, with all consequential benefits including
    the seniority and arrears of pay. Certain other reliefs, a detailed reference to
    which is wholly unnecessary, have also been claimed.
c       The petitioners and respondents 3 and 7 were said to have been selected
  as Munsiffs after passing the Kashmir Civil Services (Judicial) Examination
  on 28.8.1974 and respondents 4 to 6 and 8 were selected for appointment
  during the period between 1978 and 1982. The first petittoner was said to
  have been promoted on 30.8.1995, whereas petitioners 2 to 4 and respondent
D 3 promoted as District & Sessions Judges in November 1995. Petitioners I
  to 4 and respondent 3 were confirmed as District & Sessions Judges on
  22.1.1998 with effect from 1997 while the other private parties-respondents
  are said to be continued as temporary/officiating District & Sessions Judges.
  In the Gradation List published by the High Court on 1.1.200 I, petitioners I
E to 4 were said to have been shown at Serial Nos.15, 16, 17 and 19, whereas
  respondents 3 to 8 were shown at Serial Nos.18, 31, 32, 36, 23 and 37
  respectively. On 4.7.200 I, the third respondent was placed in the selection
  grade w.e.f. 28.6.2001, according to the writ petitioners, over the head of six
  District Judges senior to him. The grievance of the petitioners, among other
  things, is that the third respondent had never worked as District and Sessions
F Judge for any period and he was not even entitled to be considered for
  according such selection grade. On coming to know of the same, the petitioners
  I and 3 sought for copies of the proceedings and as soon as they were given
  in September 200 I, the petitioners I to 3 also seem to have made
  Representations/Review Petitions against the order No.283 dated 4. 7.200 I.
  The second petitioner was said to have been granted selection grade by order
G No.810 dated 24.12.2001 w.e.f. 22.12.2001 without restoring his original
  seniority, while at the same time bypassing the claims of petitioner No. I. On
  16.4.2002, the petitioners I and 2 seem to have made representations to the
  President of India.

H          It may be stated at this stage that the High Court of Jammu and Kashmir
                SYED T.A. NAQSHBANDI v. STATE (RAJU, J.]                   121

held a Full Court Meeting on 27.4.2002 to consider the issue relating to the A
grant of super-time scale/selection grade in Higher Judicial Services and the
Full Court formulated the criteria/guidelines for grant of super-time scale and
selection grade for members of the Higher Judicial Services. The said
guidelines were also impugned as being irrational and inconsistent with what
is known as recommendations of Justice K. Jagannatha Shetty Commission B
accepted, subject to certain modifications, by this Court in the decision reported
in All India Judges Association v. Union of India, [200?1 4 '>CC 247. On the
same day by yet another proceedings on 27.4.2002 in order No. 142, the third
respondent was placed in the super-time scale applying the norms formulated
by the High Court, which are also the subject matter of challenge in these
proceedings. The third respondent was said to have been given the super- C
time scale superseding eight District Judges senior to him. A grievance is
also made that respondents 4 to 6 and 8 were not even confirmed District &
Sessions Judges putting hardly three years of service and as such they were
not eligible for consideration for the grant of selection grade. The said orders
are also challenged as being in violation of the Justice K. Jagannatha Shetty
Commission's report. The further grievance of the writ petitioners is that the D
High Court did not consider the representations made by petitioners I to 3
against the grant of selection grade to the third respondent by giving detailed
reasons and instead rejected the same by disposing it in the light of the
decision taken by the Full Court to accord super-time scale to the third
respondent rendering thereby the representations made infructuous.                 E
      Heard Shri L.Nageswara Rao, learned Senior Advocate for the
petitioners, Shri H.N. Salve, Learned Senior Advocate for the official
respondents, and Shri B. Dutta, learned Senior counsel for the non-official
respondents.
                                                                                  F
      The grievance on behalf of the petitioners is that the criteria fixed for
according the selection grade and super-time scale arc not valid in view of
the recommendations of Justice Jagannatha Shetty Commission as modified
and accepted by this Court in the decision reported in All India Judges'
Association & Ors. v. Union of India and Ors., (Supra). The further grievance
espoused is on the ground that the ACRs prepared or taken into consideration G
are not reliable and consequently the selections made, which are under
challenge, stood vitiated. Apart from highlighting certain alleged infirmities
assumed by the petitioners to vitiate the ACRs considered, grievance is also
made against the comparative overall assessment made in the ACRs and
particularly the one accorded to R-3 alone as 'Outstanding' throughout, who, H
    122                        SUPREME COURT REPORTS [2003] SUPP. I S.C.R.

A according to the petitioners, had no experience as District Judge in the field.
    It is further contended that no uniform principles or norms were adopted in
    adjudging the claims of those whose ACRs were not available fer one or
    more period. The ACRs prepared by the Justice A.M. Mir Committee was
    said to have been rejected without justification. The further grievance was
B   about the rejection of the representations without giving or disclosing reasons.

          Per contra, the stand on behalf of the respondents, particularly the
  official respondents, which has been adopted by the non-official respondents
  too, is that the alleged infirmities or illegalities as to the manner and method
  of preparation of ACRs, the overall assessment made by the High Court and
C their reliance for according from time to time the various respondents either
  selection grade or super-time scale are quite in accordance with law and the
  grievance espoused on behalf of the petitioners are merely borne out of
  assumptions of facts which had no basis and purely based upon surmises and
  incorrect assertions, having no merit whatsoever either in law or on facts, as
  disclosed from the records. The reliance sought to be placed upon the
D recommendations of Justice Jagannatha Shetty Commission is said to be
  inappropriate and misconceived and till the recommendations are actually
  implemented by appropriate amendments carried out in the relevant Service
  Rules, it is only the subsisting Service Rules that govern the matter relating
  to service conditions and that the existing rules cannot be thrown to winds.
E Very strong exception is taken to some of the baseless, unwarranted, incorrect
  as well as insinuating and indecorous accusations, as they are stated to be
  against constitutional functionaries and superiors in the hierarchy of
  administration by persons holding responsible judicial offices unmindful of
  official discipline and restraint obliged to be adhered to or the bad taste
  inherent in such attempts and it has been specifically prayed that they should
F be expunged from record. The learned senior counsel for the petitioners, in
  his usual fairness and apparently on instructions too, stated at the hearing that
  not orily it was not intended to offend anyone but the petitioners also withdraw
  them. According to the learned senior counsel for the respondents, the correct
   provisions of law governing the matter relating to according of selection
G grade/super-time scale have been assiduously observed, meticulously followed
  and the norms fixed to regulate the exercise thereof are neither arbitrary nor
   irrational and illegal or unconstitutional and no exception could be legitimately
  taken to the exercise undertaken by the High Court or the final orders passed
  thereon, on the indisputable facts on record, so as to warrant any interference
   in these proceedings under Article 32 of the Constitution of India. Learned
H senior counsel on either side invited our attentions to the relevant rules, the
               SYED T.A. NAQSHBANDI v. STATE [RAJU, J.)                 123

ACRs, assessment records and resolutions passed in the matter in their        A
endeavour to justify their respective claims.

       We have carefully considered the submissions of the learned counsel
appearing on either side, in the light of the governing position of law and the
material facts placed on record. Much of the grievance sought to be vindicated
seem to be merely borne out of certain baseless assumptions and incorrect B
understanding of events, which took place with their own personal perception
of the same, carried away also more by the grievanc~ in not being favoured
with due recognition of their so-called entitlements. The grievance in this
regard is sought to be further justified by adopting one or the other
circumstances in a manner to suit their own stand rather than viewing the C
relevant facts in their proper perspective or on an objective process of
understanding. Assumed grievances apart, it must be sufficiently substantiated
to have firm or concrete basis on properly established facts and further proved
to be well justified in law, for being countenanced by court in exercise of its
powers of judicial review. As has often been reiterated by this Court, judicial
review is permissible only to the extent of finding whether the process in D
reaching the decision has been observed correctly and not the decision itself,
as such. Critical or independent analysis or appraisal of the materials by the
Courts exercising powers of judicial review unlike the case of an appellate
court, would neither be permissible nor conducive to the interests of either
the officers concerned or the system and institutions of administration of E
justice with which we are concerned in this case, by going into the correctness
as such of the ACRs or the assessment made by the Committee and approval
accorded by the Full Court of the High Court.

      Reliance placed upon the recommendations of Justice Jagannatha Shetty
Commission or the decision reported in All India Judges' Association and p
Ors. v. Union of India and Ors., (supra) or even the resolution of the Full
Court of the High Court dated 27.4.2002 is not only inappropriate but a
misplaced one and the grievances espoused based on this assumption deserve
a mere mention only to be rejected. The conditions of service of members of
any service for that matter is governed by statutory rules and orders, lawfully
made in the absence of rules to cover the area which has not been specifically G
covered by such rules, and so long they are not replaced or amended in the
manner known to law, it would be futile for anyone to claim for those existing
rules/orders being ignored yielding place to certain policy decisions taken
even to alter, amend or modify them. Alive to this indisputable position of
law. only, this Court observed at Para 38, that " we are aware that it will H
    124                       SUPREME COURT REPORTS [2003) SUPP. I S.C.R.

A become necessary for service and other rules to be amended so as to implement
    this judgment". Consequently, the High Court could not be found fault with
    for considering the matters in question in the light of the Jammu and Kashmir
    Higher Judicial Service Rules, 1983 and the Jamr:iu and Kashmir District and
    Sessions Judges (Selection Grade Post) Rules, 1968 as well as the criteria
B   formulated by the High Court. Equally, the guidelines laid down by the High
    Court for the purpose of adjudging the efficiency, merit and integrity of the
    respective candidates cannot be said to be either arbitrary or irrational or
    illegal in any manner to warrant the interference of this Court with the same.
    Even dehors any provision of law specificaliy enabling the High Courts with
    such powers in view of Article 235 of the Constitution of India unless the
C   exercise of power in this regard is shown to violate any other provision of
    the Constitution of India or any of the existing statutory rules, the same
    cannot be challenged by making it a justiciable issue before courts. The
    grievance of the petitioners, in this regard, has no merit of acceptance.

           So far as the preparation of ACRs in this case are concerned and the
D   assessment made by the Committee constituted as well as the approval
    accorded by the Full Court therefor, we see no merit in the challenge made
    to the same. The claim that only such a District and Sessions Judge who
    actively serve and discharge duties holding such office in the field alone can
    be considered for according selection grade or super-time scale proceed upon
E   not only a total misreading of the relevant rules but is also opposed to the
    well settled position in law in this regard, besides, if accepted, rendering it
    completely unworkable, impracticable and opposed to realities. Appointment
    to the selection grade posts in the service envisaged from amongst the members
    of the service 'holding the post of District and Sessions Judge' should, in tht
    context, mean only of any person borne on the cadre of District and Sessions
F   Judge and who is a member of the Jammu and Kashmir Higher Judicial
    Service and it is not necessary that to be one such, he should be only
    functioning and discharging duties in the districts in the regular Courts doing
    conventional court work. Such of those District and Sessions Judges who are
    on deputation to other departments and that too to the High Court in this case
G   to serve as Registrar, etc. cannot by such deputation be considered to suffer
    any disability or viewed to have lost their right and entitlement in their usual
    tum to be considered along with others for being granted selection grade or
    super-time scale according to the relevant guidelines therefor. That apart,
    much of the grievance in this regard also seem to proceed upon a
    misconception of the real purport of selection grade/super-time scale and the
H   scheme underlying the grant thereof. As rightly contended for the respondents
                 SYED T.A. NAQSHBANDI v. STATE [RA.JU, J.]                   125
 not only the Jammu and Kashmir Higher Judicial Service consist of posts of A
 District and Sessions Judges and Additional District and Sessions Judges but
they consist of a 'Single Cadre' only. There are no specially earmarked or
classified posts to be manned only by such District and Sessions Judges, who
 were accorded with selection grade or super-time scale. Though loosely called
selection grade posts, unless any post itself is separately and distinctly created B
 for that purpose and specifically identified to be filled up with such persons
only, usually it involves only grant of higher scales of pay in the same
category of posts. The same is the position in regard to super-time scale also.
It is also not the case of the petitioners that out of the total strength constituting
the J & K Higher Judicial Service, anyone or the other of such posts are
identified to be exclusively earmarked for one holding a selection grade/ C
super-time scale. Having regard to the rules in force the staff pattern in vogue
and the guidelines further formulated by the High Court, it is futile for the
petitioners to contend that it should be accorded on the basis of seniority
only. In any event, even in this regard the difference in seniority could not
be said to be so substantial or vast as to lend room for any legitimate plea
that it is so arbitrary or unreasonable as to call for interference. Viewed in D
the context of the basis or criteria for according selection grade, as envisaged
in the Statutory Rules, it involves process of selection and seniority, if at all
will be to reckon the zone of consideration or when the merit ranking is equal
and not for the grant itself. Therefore, there is no merit in the plea on behalf
of the petitioners that the third respondent could not have been even considered E
for the grant of selection grade/super-time scale, at the relevant and respective
points of time.

        So far as the actual consideration, the preparation of ACRs, the method
 and manner adopted therefor and the actual assessment ultimately made by
 the Committee and the High Court in this case is concerned, much is sought F
to be made out for the petitioners more on the treatment meted out to the
third respondent, than on the merits of their own claims or realities of the
 situation based on facts. If on an assessment of the materials on record, some
one has been adjudged to be more meritorious and preferred to others it
could not even be said to be supersession of senior by the junior, unlike in G
cases relating to promotion to a higher post with higher scales of pay by
virtue of seniority. As for the grievance made on the supersession of report
said to have been submitted by the Committee headed by Justice A.M. Mir,
least said is better. It is seen that after the constitution of the said Committee,
the Committee in its meeting on 1.4.2000 resolved to call for judgments of
judicial officers, whose ACRs have not been so far written for such periods H
    126                       SUPREME COURT REPORTS (2003] SUPP. I S.C.R.

A and such officers, including petitioners, were said to have been even asked
    to send copies of judgments. In the meeting on 23.6.2000, the Committee
    again seems to have resolved to have the judgments received circulated for
    assessment in different lots and the Committee resolved to meet after four
    weeks. It seems that even before the judgments could be so circulated, the
B   Private Secretary to Justice A.M. Mir forwarded ACRs of the officers with
    a cryptic one word assessment without filling up the prescribed format by
    making any proper assessment as envisaged with a covering letter and,
    therefore, it is not only necessary but inevitable for the Chief Justice to
    ignore such unilateral and perfunctory remark which by no means could be
    called even a report and which cannot, in our view, also be given any credence
C   whatsoever. Therefore, the subsequent steps taken in this regard by the Chief
    Justice with the newly constituted Committee are well justified and in
    accordance with law and they do not suffer from any infirmity. The fact that
    subsequently it was got meticulously prepared by the Committee and the
    assessment came ther~after to be duly made and further was got unanimously
    approved by the Full Court will belie the bald and self-serving claims of the
D   petitioners, to the contrary. Neither the High Court nor this Court, in exercise
    of its powers of judicial review, could or would at any rate substitute
    themselves in the place of the Committee/Full Court of the High Court
    concerned, to make an independent reassessment of the same, as if sitting on
    an appeal. On a careful consideration of the entire materials brought to our
E   notice by learned counsel on either side, we are satisfied that the evaluation
    made by the Committee/Full Court forming their unanimous opinions is neither
    so arbitrary or capricious nor can be said to be so irrational as to shock the
    conscience of the Court to warrant or justify any interference. In cases of
    such assessment, evaluation and formulation of opinions a vast range of
    multiple factors play a vital and important role and no one factor should be
F   allowed to be overblown out of proportion either to decry or defy an issue
    to be resolved or claims sought to be considered or asserted. In the very
    nature of things it would be difficult, nearing almost an impossibility to
    subject such exercise undertaken by the Full Court, to judicial review except
    in an extraordinary case when the Court is convinced that some monstrous
G   thing which ought not to have taken place has really happened and not
    merely because there could be another possible view or someone has some
    grievance about the exercise undertaken by the Committee/Full Court. Viewed
    thus, and considered in the background of the factual details and materials on
    record, there is absolutely no need or justification for this Court to interfere
    in the matter, with the impugned proceedings.
H
                SYED T.A. NAQSHBAND! v. ST ATE [RA.JU . .I.]              127

        It is not anybody's case that the delay, if any, in preparing ACRs of A
some or the other of the officers for all previous years or during any particular
period was deliberate and with any ulterior motive. On the other hand, dehors
the plea based upon disturbances in the area it is also highlighted for the
respondent that for want of self-assessment also the same could not be prepared
and kept ready then and there which necessitated the calling for copies of B
judgments rendered by such persons for the relevant period. The grievance
about alleged lack of uniform principles or criteria in the matter of preparing
ACRs for the missing period attempted to be made by citing two instances
has been properly explained by the respondents in the Counter as well as at
the time of hearing and we could not find any infirmity in the same. That
apart merely from the fact that uniformly the third respondent has been C
assessed with 'outstanding' gradation unlike others, which, according to the
 petitioners, themselves amount to fluctuating fortunes, it cannot be readily
assumed that their claims suffered any vice of arbitrariness or lack of rationality
or uniformity. The job requirements of a Registrar or Registrar General of the
High Court, the studiousness expected of him and the legal acumen necessary D
therefor cannot be so said to be of any less importance than that required for
a District & Sessions Judge trying regular cases in the conventional courts at
Districts. The plea that a new incumbent in the office of Chief Justice or
Judge of the High Court, could not be that efficacious for assessing the merit,
with reference to their past period under review, of the candidates constituting
the members of judicial service proceed upon a wrong perception altogether E
and do not merit acceptance. The grievance against alleged non-consideration
of the claims of the first petitioner merely because it was passed over on
 earlier occasions, also does not merit our acceptance with reference to the
challenge now made in respect of the latest consideration. The further grievance
that the impugned proceedings according selection grade/super-time scale do p
not give specific reasons or the details of what are all the records, which have
been perused, is devoid of merit. The expression 'service record' is so
comprehensive and has a well-accepted meaning in service law parlance, to
leave anything for being guessed or to admit of any doubts about the records
that would have been actually considered. The grievance made about the
provisions in the guidelines for taking into account even records for some G
years spread over to the service as Subordinate Judge in a given case pales
into insignificance when it is considered in the light of the object of such
consideration. The consideration in question was not for purpose of
determining the inter se seniority among the members of service in the cadre
of District & Sessions Judges, but, on the other hand, for the purpose of H
adjudging the efficiency, aptitude, capability and general reputation and
     128                      SUPREME COURT REPORTS [2003] SUPP. I S.C.R.

A integrity for according selection grade. Th is Court, adverting to the relevant
    provisions contained in the Constitution of India in the decision reported in
    Shri Kumar Padma Prasad v. Union of India and Ors., [1992] 3 SCC 428,
  even observed that "judicial office" would take within its fold even members
  of the Judiciary other than those belonging to higher Judiciary in the State
B service and that though normally the High Court Judges are appointed from
  members of the Bar and from among the persons, who have held judicial
  posts, there is no impediment in construing the expression "judicial service"
  as inclusive of wide variety of offices connected with the administration of
  Justice in one way or the other. Therefore, while looking into the performance
  of a District & Sessions Judge considering to some extent, when necessitated,
C even performance in the post of Subordinate Judge cannot be said to be
  altogether an irrelevant or impermissible consideration or exercise and the
  guidelines cannot be said to be vitiated on that account alone. The challenge
  to the grant of super-time scale to the third respondent on the ground that he
  had put in only about nine months service as selection grade District &
D Sessions Judge has no ment inasmuch as there is no minimum stipulated
  period of service required, to accord such super-time scale in the rules in
  force and as a matter of fact, the conspicuous omission to stipulate any such
  requirement would go to show that no such criteria is a must and all or any
  of the selection grade District and Sessions Judges available could become
  eligible for consideration. The recommendations of Justice K. Jaganatha Shetty
E Commission having not been duly implemented by any amendment of rules
  so far, the same cannot be insisted upon as a binding criteria. That apart, in
  a given situation, there may be no one satisfying such required service and
  that insisting upon any such minimum service as selection grade District &
  Sessions Judge may have counter productive result in that it may even lead
F to a situation where no one could be given the super-time scale at all dehors
  their intrinsic merit The absence of reasons in the order rejecting the
  representations or the original resolution granting selection grade/super-time
  scale, in the nature of proceedings themselves cannot be said to be an infirmity.
  The noting in the files dealing with those aspects would be sufficient record
  and the proceedings in the form of resolutions cannot be expected to be in
G the format of a judicial order dealing with each and every claim. As noticed
  supra, on going through the materials on record and on a careful consideration
  of the procedure and the mechanism followed by the Committee constituted
  as well as the Full Court of the High Court, we are unable to persuade
  ourselves to agree to or sustain the stand of petitioners in respect of their
H challenge to the impugned proceedings. We specifically desist from making
  any further observations on the assertions made relating to their entitlement
                 SYED T.A. NAQSHBANDI v. STATE [RAJU, J.]                     129
based on the credentials claimed for the petitioners, lest it may affect their       A
future prospects of consideration in one way or the other, when such an
exercise is taken up subsequently, also. Suffice it to place on record that the
proceedings relating to the grant of selection grade/super-time scale, which
are assailed in these proceedings, are not shown to be vitiated in such a
manner as to warrant or justify the interference of this Court in these
proceedings. The challenge projected on behalf of the petitioners, therefore,        B
fails and shall stand rejected.

       As for the grievance made by the learned senior counsel for the official-
respondents on some of the unwarranted, unjustified as well as unpleasant
remarks, allegations which tend to cast certain aspersions upon some of the          C
constitutional functionaries bordering on insinuations, we are of the view that
they could have been well avoided, without even sacrificing in any manner
their right to challenge the impugned proceedings. The language used as well
as the purport of such allegations seem to be of not good taste, befitting the
status of judicial officers even when they are litigants before the Court and
may consider to have any real or genuine grievance about anything done or            D
not done by the authorities. Without elaborating on this aspect further, we
expunge such unwarranted remarks and observations made in Para 8 and
further order deletion of Paras I 0, 15 and portions in Para (XII) of the
grounds commencing from "Naturally, therefore, respondent No ...............3.till
the end of the said Para", in entirety, from the record. That apart, we find that    E
the petitioners could have equally avoided making allegations of the nature
made, in this case, to justify their action to directly approach this Court under
Article 32 of the Constitution of India. We make it clear that we intend no
damage or injury to the petitioners on the above account, at the same time
we feel constrained to and it has been rendered necessary to say that much
at least, to avoid repetition of such things in future either by the petitioners     F
or any such persons holding responsible positions in the system of
administration of justice, even for vindicating any of their legitimate rights.

     For all the reasons stated above, the Writ Petition fails as of no merits
and shall stand dismissed without any costs.
                                                                                     G
K.K.T.                                                       Petition dismissed.