Court : Jammu and Kashmir
Reported in : AIR1996J& K67
Nazki, J.1. There is much ado about nothing. These four appeals have been filed under Clause 12 of the Letters Patent of this court and are directed against the order rejecting the applicant's application for framing additional issues. Some facts are necessary in order to resolve controversy. Disputes arose between Irrigation Department and the respondent, these disputes were referred to an arbitrator who gave four awards. Awards were filed in this court, State filed objections to the award. The learned single Judge, before whom the matter was pending framed four issues. After the framing of the issues, an application was made by the appellant State in each case for framing additional issues and for recasting of the issues framed. The application was resisted by the respondent and the learned single Judge rejected the application. Against this rejection for framing of additional issues and for recasting of issues already framed, this appeal has been filed under Clause 12 of Letters Pat...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1996J& K70
ORDERB.A. Khan, J.1. This is the sad story of a candidate for the MBBS course whose dream stands shattered and academic pursuit as good as short-circuited by the failure of the State functionaries to discharge their statutory obligations within the time frame prescribed by the Statute. The matter raises some crucial issues of public importance concerning the inaction and inertia of the statutory authorities and its disastrous consequences on the aggrieved parties. Who compensates such a party and what is the role of the Court in such a situation, is the moot question.2. Petitioner had applied for grant of reserved category certificate 'Resident of Backward Area' (ROBA) to respondent No. 2 (Dy. Commissioner, Badgam), as far back as on 18-10-1991. Her application was endorsed to Tehsildar concerned on 28-10-1991 who processed her case and issued public notice in the newspaper on 22-11-1991 inviting objections from the public. The Tehsildar submitted the file along with his recommendation...
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