Jammu and Kashmir Court October 2015 Judgments
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Mst. Syeda Begum Vs. State of Jammu and Kashmir through Commissioner/S ...
Court: Jammu and Kashmir
Decided on: Oct-29-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This writ petition is filed praying for issuing writ of mandamus directing the respondents to release the sanctioned ex-gratia amount of Rs. 75,000/- and other benefits as may be released under the Disaster Management Act and Rules framed there under in the face of flood which submerged the petitioner s house at Ziyarat Batamalloo on 07.09.2014 by quashing the order dated 15.06.2015, recommending to reject the claim of the petitioner on the ground that petitioner s house remained locked from prior to 1998 till date. 2. It is the specific case of the petitioner that she is permanent resident of JandK State and she is the owner and in actual physical possession of the house bearing No. 128/3 Book No. 1083475, Ziyarat Batamalloo Srinagar which got fully damaged on 07.09.2014 due to unprecedented floods. The house was submerged for over a period of two weeks. The said fact was verified by the SHO Police Station Bata...
Karwani Islami Through its Chairman, Shiekh Ghulam Rasool Hami Vs. Sta ...
Court: Jammu and Kashmir
Decided on: Oct-27-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This Public Interest Litigation is filed by Karwani Islami which is a registered society bearing registration No. 5949-S of 2010 under the Societies Registration Act of 1998 ( 1941 AD), contending that the State of Jammu and Kashmir has failed to take necessary steps for prohibition of sale and consumption of liquor in the State of Jammu and Kashmir due to which the health of the residents of the State is effected and various social evils are taking place and many human beings have lost their lives due to drunken driving and sexual offences are on the rise. It is further contended in the affidavit that due to the availability of liquor and consumption of the same the health of the residents is very much effected which the State is bound to protect under Article 21 of the Constitution of India. It is also the contention of the petitioner that Article 47 of the Constitution of India and Section 24 of the Constitut...
Parimoksh Seth and Another Vs. State of Jammu and Kashmir and Others
Court: Jammu and Kashmir
Decided on: Oct-16-2015
(This judgment delivered at Srinagar Bench) Muzaffar HussainAttar, J. 1. Two Division Benches of this Court, in seisn of two petitions, were called upon to decide one issue, by making diametrically opposite prayers. 2. In PIL No.24/2014 prayer is made to implement the provisions of Section 298-A, 298-B and 298-C of Ranbir Penal Code, Svt. 1989 (1932 AD) (for short RPC). 3. In OWP No.1648/2015 prayer is made to scrap these provisions and declare them illegal and unconstitutional. 4. This bench is constituted in sequel to order of Supreme Court dated 05.10.2015, passed in petition for Special Leave to appeal (c) Nos. 28451-28452/2015, to hear and decide the aforesaid two petitions. 5. In WPPIL No.24/2014, the petitioner has prayed for issuance of appropriate writ, order or direction in the nature of mandamus commanding the respondents to put in place the strong mechanism for prevention of cow slaughtering in the State of Jammu and Kashmir by directing all the concerned authorities to ini...
Sher-e-Kashmir Institute of Medical Sciences Soura, Srinagar through i ...
Court: Jammu and Kashmir
Decided on: Oct-15-2015
N. Paul Vasanthakumar, CJ. 1. These appeals are filed against the order dated 24.09.2015 made in OWP No. 1445/2015, allowing the writ petition filed by the 1st respondent in both these appeals, challenging the selection and admission of the 4th respondent in DM Gastroenterology course for the session n 2015 at SKIMS (Deemed University), Srinagar. The University has filed LPA No. 222/2015 and the 4th respondent, whose selection and admission was cancelled has filed LPA No. 212/2015. 2. The fact leading to filing of the writ petition before this Court by the 1st respondent was that he was selected to undergo the Doctorate of Medicines in the discipline of Gastroenterology on the basis of his higher merit secured by him in the entrance examination both in theory and practical conducted by the SKIMS which is a deemed University. Applications were invited by the appellant-University by notification dated 22.05.2015. The 1st respondent as well as the 4th respondent in LPA No. 222/2015, among...
Jammu and Kashmir Peoples Forum through its Secretary General M.M. Shu ...
Court: Jammu and Kashmir
Decided on: Oct-14-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This writ petition is filed by the Jammu and Kashmir Peoples Forum focusing the grievance that in the State of Jammu and Kashmir the State Human Rights Commission has become non-functional from 29.06.2014 as the Government of Jammu and Kashmir has failed to appoint the Chairperson and members of the State Human Rights Commission for one reason or the other and a direction is sought for commanding the State to take steps for making the appointment of Chairperson and four members of the JandK State Human Rights Commission. 2. It is the contention of the petitioner, which is a nongovernment organization registered by virtue of a trust deed dated 31.01.2013 with an object of protection of Human Rights, that the State Legislature has enacted the Jammu and Kashmir Protection of Human Rights Act, 1997 ( Act. No. XV of 1997) which was notified vide SRO 1 dated 01.01.1999. As per the said Act, one Chairperson and 4 membe...
Ashok Kumar and Others Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Oct-09-2015
Massodi, J. 1. Controversy raised in writ petitions on hand stands crystallised by learned Single Judge as under: Whether in light of the Apex Court judgment in Indra Sawhney v. Union of India, 1992 Suppl (III) SCC 217 which prohibits reservation in matters of promotion, provisions of the Jammu and Kashmir Reservation Act, 2004 and the rules framed thereunder can be enforced in the absence of the applicability of Art. 16 (4A) of the Constitution of India to the State of JandK. 2. Dispute, as bare look on the issue identified would reveal, relates to right of Reserved Category Government servants, to accelerated promotion provided under Section 6, JandK Reservation Act, 2004 read with Rule 9 and 34, JandK Reservation Rules, 2005 (for short Reservation Act and Rules ). The facts fall in a narrow compass, though issue raised reflects an important question of law. It is pertinent to point out that all these petitions were considered by learned Writ Court. However, at the request of learne...
Dr. Imtiyaz Ahmad Magray Vs. Dr. Mohammad Arif Lone and Others
Court: Jammu and Kashmir
Decided on: Oct-06-2015
(This Judgment Delivered at Srinagar Bench) N. Paul Vasanthakumar, C.J. 1. This appeal is filed against the order made in SWP No. 940/2015 dated 13.08.2015 wherein the learned Single Judge has allowed the writ petition filed by the 1st respondent challenging the appointment of the appellant in the tenure post of Registrar (Prosthodontics) in Government Dental College, Srinagar and directed to engage the 1st respondent herein in the tenure post of Registrar at an earliest. 2. The case of the 1st respondent before the learned Single Judge was that applications were invited on 23.08.2014 to fill up the tenure posts of Registrar in Government Dental College and Hospital, Srinagar. The 1st respondent as well as the appellant herein applied for one tenure post of Registrar (Prosthodontics). As the Post Graduate Degrees of both the candidates were not approved by the Dental Council of India, the selection committee could not award marks for MDS qualification and recommended for re-advertiseme...
Sabzar Ahmad Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Oct-05-2015
(This Judgment Delivered at Srinagar Bench) (Oral) The petitioner was posted as Division Officer, Qamarwari on 29th November, 2010. He along with his escort party was performing Naka duty at Qamarwari Chowk on the said date. Three militants carrying small weapons and 3 grenades fired upon the said police party, resulting in on spot death of Senior Grade Constable, Mohammad Ashraf no. 1653/S. One of the militants tried to snatch the service rifle of the deceased constable. The petitioner and his PSO s showed presence of mind and retaliated with their weapons which resulted in death of all the three militants on spot. These facts are reflected in the communication dated 29th November, 2010 send by Dy. Inspector General of Police, CKR, Srinagar to Director General of Police JandK Jammu. The Dy. Inspector General of Police, in the communication, stated that the act of the petitioner and his other police personal was specific and exemplary action. It is also informed in the said communicati...
Zahida Parveen Vs. State of JandK and Others
Court: Jammu and Kashmir
Decided on: Oct-05-2015
Oral: The Respondent Service Selection Board at the request of the Education Department issued successive advertisement notification No s 03/2012, 02/2013, 05/2013 and 06/2013 where under applications were invited from the eligible candidates for being appointed on the post of teacher in District Cadre Baramulla. The petitioner in SWP No. 2412/2014 responded to notification no. 05/2013 and 06/2013 whereas petitioner in SWP No. 2406/2014 responded to notification no. 03/2012, 05/2013 and 06/2013. Because of large number of candidates seeking consideration for being selected on the post of teacher, the Respondent-Board decided to conduct objective type test for short listing of the candidates. The petitioners in both the writ petitions on the basis of merit secured in objective type written test were short listed and called for interview vide notification dated 24th March, 2014. In the said notification at Para 9 the candidates were informed by the Respondent-Board that there shall be a ...
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