Who is Justice Tashi Rabstan?

Justice Tashi Rabstan was born on 10th April 1963. He was born into a family of agriculturist. He Completed his Graduation and LL.B from the University of Jammu.  

How was the Career Journey of Justice Tashi Rabstan? 

• He was enrolled as an Advocate on 6th  March, 1990, in the Bar Council of Jammu and Kashmir. 
• Justice Tashi Rabstan practiced in the High Court of Jammu and Kashmir and other High Courts in various fields, including arbitration, constitutional law, service law, election law, civil, and criminal matters. 
• He served as panel counsel for the Union Public Service Commission, New Delhi, from April 2008 to December 31, 2011. 
• He was appointed as Additional Judge of the High Court of Jammu and Kashmir on March 8, 2013. 
• He was elevated to Permanent Judge of the High Court of Jammu and Kashmir on May 16, 2014. 
• Eventually, he was appointed as the Chief Justice of the Jammu and Kashmir and Ladakh High Court and took oath on 21st September 2024. 

What are the Notable Judgments of Justice Tashi Rabstan? 

• Gazetted Aspirants Residents of Ladakh v. State (UT of Ladakh) (2024) 
  • A letter addressed to the Chief Justice of the J&K High Court, shared on social media, highlighted the lack of recruitment for gazetted cadre posts in Ladakh over the past five years. 
  • The issue has caused distress and uncertainty among the educated youth of Ladakh. 
  • A Division Bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta directed that the concern letter be treated as a Public Interest Litigation (PIL). 
• Aijaz Ahmad Bund v. State (UT of J&K) (2024) 
  • A Public Interest Litigation was filed concerning the rights and welfare of the transgender community in the Union Territories of Jammu & Kashmir and Ladakh. 
  • The PIL emphasized access to medical care, pensionary benefits, and possible reservations in the public sector for the transgender community. 
  • A Division Bench comprising Chief Justice Tashi Rabstan and Justice Puneet Gupta sought compliance and action plans from authorities to address these issues effectively
• Paras Kapoor v. State (UT of J&K) (2022) 
  • Once an individual has accepted a compassionate appointment and joined the respective post, they cannot later claim that they should have been appointed to a higher post. 
  • An applicant for compassionate appointment has no right to claim appointment in a particular class or group 
  • Compassionate appointment is not meant to confer status on the family, but rather to provide immediate assistance to the family in the event of the death of the breadwinner. 
  • The appointing authority has the discretion to determine the appropriate post for the compassionate appointment, based on the qualifications and requirements of the position. 
• Mian Abdul Qayoom v. State of J&K (2020) 
  • Mian Abdul Qayoom, a Senior Advocate and President of the Jammu and Kashmir High Court Bar Association, was the subject of the case. 
  • He was detained in 2010 with confinement in various sub-jails, and the order was later withdrawn. In August 2019, he was detained again under preventive detention. 
  • Relatives faced delays in receiving the detention grounds, and the detenu is reported to be suffering from multiple health issues. 
  • Justice Tashi Rabstan reiterated that preventive detention aims to prevent future actions, not to punish.