Court : Jammu and Kashmir
Reported in : 2005(1)JKJ134
Permod Kohli, J.1. Petitioner a student of Bachelor of Engineering Course (Mechanical) of Government College of Engineering and Technology, Jammu ,has been constrained to approach this court to seek a direction for pursuing his further studies in the Engineering Course to which he has been admitted through the competitive examination. Petitioner came to be admitted to the Bachelor of Engineering Course in the Mechanical Engineering through competitive examination conducted by the competent authority in the year 1999. He successfully passed six semesters without any re-appear in any paper of the subject and attended the course of study for the 7th semester. The examination for the 7th semester was scheduled to be held on 29.8.2003. Unfortunately, the petitioner met with an accident on 24.8.2003 and sustained serious injuries. He was admitted in Government Medical College , Jammu in serious condition from-where he was shifted to Dr. Karam Singh Memorial Arthopedic Hospital and Research C...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2007(1)JKJ150
S.K. Gupta, J. 1. Petitioner having completed Bachelor's Degree in Music after securing 65.48% marks applied for admission in B.Lib. Sc. Course in the University of Jammu for the Session 2004-05 under the CDP category. On the basis of her merit, the petitioner became entitled for admission when the candidate figuring above failed to join the Course. The petitioner further stated to have approached the respondents-University repeatedly for grant of admission being next candidate in merit and entitled to be considered against the vacant seat in CDP category, but without any response. The respondents-University did not publish the next list nor the reason of delay was conveyed to her. It was only on 7.8.2004, when she again approached respondent No. 2, the petitioner was verbally informed that she cannot be considered for admission to B.Lib. Sc. Course on the ground that her Degree is not considered as eligible for the purpose of admission to B.Lib. Sc. Course. The respondents-University,...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ451
V.K. Jhanji, J.1. By this common order we propose to dispose of LPA(OW) Nos. 63/2004, 68/2004, 72/2004, 54/2004, 69/2004 and APLPA 96/2004, as common question of law and facts are involved in all the appeals.2. The appellants are aggrieved of order/judgment dated 10.6.2004 passed by the leaded Single Judge in OWP No. 199/2004, titled, Vikas Jandial v. State of J&K;, and Ors. connected petitions.3. For the sake of convenience, reference to 'appellants' hereafter in the judgment, is appellants in LPA (OW) No. 63/2004.4. Vide the impugned judgment, the learned Single Judge has quashed Notification No. EC/STS/108/2004-05/1944-45 dated 27.02.2004 along with all consequential actions of appellants for selection of prospective licensees by draw of lots. The appellants, however, have been left with liberty to conduct fresh exercise and consider the applications received in respect of 89 notified locations; and further invite applications in respect of 116 additional locations, for which the ap...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(1)JKJ382
Y.P. Nargotra, J.1. The petitioners in this batch of writ petitions are calling in question the validity of selections and consequent recommendations for appointments made by the J&K; Public Service Commission, (hereinafter called the Commission), to the Government for the posts of Assistant Surgeons. Health & Medical Education Department of the J&K; State vide its No. HT(GAD)131/95 dated 11.12.2002 referred 31 posts of Assistant Surgeons to the Commission. Then vide another communication No. HD(GAD)131/95 dated 20.1.2003, Health & Medical Education Department referred 190 more posts of Assistant Surgeons to the Commission. Three posts of Assistant Surgeons in open merit category were already pending for selection with the Commission. Thus in all the Commission stood referred 224 posts as per the following break-up: ----------------------------------------------------------------------Open merit .. Three previousvacancies-----------------------------------------------------------------...
Tag this Judgment!Court : Jammu and Kashmir
Permod Kohli, J.1. The petitioner-Institute is a Company registered under Section 25 of the Company Act, 1956. The petitioner is an educational institution and claims to be engaged in providing education to the students, in research and training in the fields of education, social welfare, modern technologies and human resources development. It is stated that the Institute has 60 years of dedicated service in the field of education and is duly recognized. Its income is utilized solely for the promotion of its objects as set forth in the memorandum of association and no part of income has been utilized or transferred directly or indirectly by way of dividend, bonus or profit to the shareholders of the Company. It is further stated that the Institute is duly recognized by the Ministry of Science and Technology, Govt. of India as a scientific and industrial research organization. It has three wings i.e. (i) Child and Social Welfare Wing (ii) Experimental School (Model Academy) (iii) MIER C...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006(1)JKJ20
R.C. Gandhi, J.1. Petitioner by means of this petition seeks to quash order No. LIT/RT/F-29/28313-17 dated 26-02-2004 passed by respondent No. 4 Chief Education Officer, Baramulla, whereby the petitioner has disengaged as Rehbar-i-Taleem and in his place respondent No. 6 Manzoor Ahmad Hazari has been appointed.2. Petitioner, a handicapped, was engaged as Rehbar-i-Taleem vide order No. 1169-70 of 2002 dated: 6.2.2002 and posted in Girls Primary School, Pringal-Uri. He worked in such capacity for over two years. Respondent No. 6 filed a civil suit titled Manzoor Ahmad Hazari v. State and Ors. before the court of Munsiff, Boniyar-Uri challenging the appointment of the petitioner. The Civil Court issued interim orders dated: 5.8.2003 and 29.04.2003 for consideration of the plaintiff/respondent No. 6 herein. The respondents considered the case pursuant to the direction and having found respondent No. 6 as meritorious appointed him as Rehbar-i-Taleem and disengaged the services of the petiti...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2006CriLJ402,2005(3)JKJ256
S.K. Gupta, J.1. This appeal is preferred by the accused-appellant, Darshan Lal, against the judgment and order dated 28-02-1994 passed by the learned Special Judge, Anti Corruption, Jammu, whereby the accused-appellant has been convicted and sentenced to one year's rigorous imprisonment and a fine of Rs. 1000/- in proof of offences committed under Section 5(2) P.C. Act, 2006 read with Section 161 RPC, and in the event of default in payment of fine of Rs. 1000/- to undergo further simple imprisonment for three months.2. Mr. Ajay Abrol, learned Counsel appearing for the appellant, urged that the prosecution in order to succeed must show first that there was a demand of bribe by the appellant and the acceptance of the bribe money from the complainant. His further submission is that in the absence of proof of either of these ingredients, it would entail the failure of the prosecution case. In addition to this, it was urged that when a reference is made to the statement of the complainant ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ415
Permod Kohli, J.1. The Holy Shrine of Shri Amarnath Ji is considered to be one of the Lord Shiva's abode situate in the Himalayan Region in the South of Kashmir Valley. It is a common belief amongst the Hindus that Lord Shiva is one of the three Supreme Gods of Universe Brahmaha, Vishnoo, and Shiva. It is a natural Shrine in the shape of a Cave. It is also believed that Lord Shiva emerges in the form of an 'Ice Lingam' inside the Cave alongwith structures of Parvati and Shri Ganesha.2. The pilgrimage to the Wholly Shrine of Shri Amaranth is an annual feature and starts on Vyas Poornima and concludes on the day of Sharavan Rakhi Poornim: The Shrine is situate at an altitude of 3888 Mts.. The approach to the Holy Cave is from the traditional route Via Pehalgam-Chandanwari-Pissu Ghati-Sheshnag-Panjtarni. The distance of track from Chandanwari is 32 Kms. The other route is Via Sonamarg, which is popularly known as Baltal route. It starts from Baltal which is base of the Amarnath Yatra. It ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2006J& K11,II(2006)BC8,2005(2)JKJ291
Nirmal Singh, J.1. Bachan Singh defendant No. 1 approached the plaintiff/appellant bank for advancement of loan of Rs. 64,560/- on May 30,1981 for the purchase of Mini Bus bearing Engine No. SD- 13300 Chassis No. 18355-DI and Registration No. JKQ 3123. The loan was advanced by the plaintiff bank to defendant No. 1 against hypothecation of the said vehicle and defendant No. 1, in consideration of also executed a promissory note for Rs. 64,560/- and agreed to pay interest at the rate of 4 1/2 % above the Reserve Bank of India rate subject to minimum rate of 13 1/2 % per annum. Defendants No. 2 and 3 Choudhary Parkash Chand and Om Parkash Kohli stood sureties for re-payment of the loan. After the advancement of loan, certain payments were made by the defendant No. 1, but subsequently he failed to repay the loan. The plaintiff-bank filed suit for recovery of Rs. 1,24,464.42 as it was outstanding as on 27.5.1985.2. On notice defendant No. 1 appeared but during the pendency of the suit he di...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(3)JKJ137
Permod Kohli, J. 1. Selection of respondent-7 as Registrar in the Department of Gynaecology and Obstetrics in Medical College, Jammu vide order No. 456 of 2004 dated 6.7.2004, is in question in the present petition. The Government Medical College, Jammu issued Advertisement Notice No. 3 vide his No. JMC/Estt/GD/109/90 dated 19.01.2004 inviting applications for the tenure post of Registrar for a period of three years in the pay scale of Rs. 8000-13500 lying vacant in the four departments indicated in this notice. The conditions of eligibility were specified in the advertisement notice. Conditions 1 and 2 are relevant for the purpose of present controversy. The same are noticed as under: -'1. The applicant should be MBBS with Postgraduate qualification in the discipline concerned i.e. speciality applied for the post. 2. No Postgraduate doctor will be considered or appointment as Registrar unless he/she has completed two years minimum active service as Assistant Surgeon in the Health Depa...
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