Court : Jammu and Kashmir
HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 658 OF 201.AND SWP No. 2407 OF 201.Dr. Arun Sharma Petitioners State and ors Respondent !Mr.R.K.Gupta, Sr. Advocate with Mr. Prem Sadotra, Advocate Mr. S.K. Shukla, Advocate Mr. Rahul Pant, Advocate ^Mrs.Neeru Goswami, Dy.AG Mr. D.C. Raina, Sr. Advocate with Mr. F.A. Natnoo, Advocate. Mr. D.S. Thakur, Sr. Advocate with Ms. Aruna Thakur, Advocate Mr. S.S. Ahmed, Advocate Mr.Vikram Sharma, Advocate Honble Mr. Justice Hasnain Massodi, Judge Date:31. 12.2012 :JUDGMENT : SWP No.658/2011 SWP No.2407/2011 SWP No.2529/2011 SWP No.233/2012 SWP No.2044/2011 1. Controversy running through weft and warp of five petitions, on hand, relates to eligibility of a candidate with Master in Hospital Administration degree (MHA) awarded by TATA Institute of Social Sciences, Mumbai (for short, TATA Institute) to the post of Deputy Medical Superintendent in GMC, Jammu/Srinagar. The petitioners have to their 2 credit Master in Hospital Administration degree fro...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 727 OF 201.AND OWP No. 804 OF 201.AND OWP No. 242 OF 201.1. Mohinder Singh and anr 2. Dr. Manohar lal Sharma 3. Peerzada Mohd. Sayeed 4. Satvir Gupta 5. Suman Lata Bhagat 6. Vikas Behal 7. Rattan Lal Tickoo 8. Sheikh Rafiq Ahmed Petitioners 1.State Th. Accountability Commission and ors 2.State Th. Accountability Commission and ors 3.State Th. Accountability Commission and ors 4.J&K Accountability Commission and ors. 5.State Th. Accountability Commission and ors 6.State Th. Accountability Commission and ors 7.State Th. Accountability Commission and ors 8.State of J&K and anr Respondent !Mr.S.K.Shukla, Advocate Mr. B.S. Salathia, Sr. Advocate with Mr. Ashish Sharma, Advocate Mr. D.C. Raina, Sr. Advocate with Mr. Anil Verma, Advocate Mr. U.K. Jalali, Sr. Advocate with Ms. Neha Bakshi, Advocate Mr. P.N. Raina, Sr. Advocate with Mr. J.A. Hamal, Advocate Mr. Abhinav Sharma, Advocate Mr. Virender Bhat, Advocate Mr. Ajay Sharma, Advocat...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. LPASW No. D-4 OF 200.State of J&K and Ors Petitioners Sitan Devi and another Respondent !Mrs. Seema Shekhar, AAG ^Mr. R. K. Gupta, Sr. Advocate with Mr. Prem Sadotra, Advocate Honble Mr. Justice M. M. Kumar, Chief Justice Honble Mr. Justice Hasnain Massodi, Judge Date:01. 02.2013 : :1. A chunk of land measuring 1 kanal in village Chanunta Tehsil Ramnagar, District Udhampur, owned by respondent No. 1, was taken over by the appellants in the year 1987-88 for construction of 15000 Gallon water reservoir to supply drinking water to the local population. It is admitted case of the parties that compensation was not paid to the respondent No. 1 in lieu of the aforesaid land. The appellant however, as pleaded by respondent No. 1, made a promise to provide government employment to one of her family members.2. The respondent No. 1 felt aggrieved when the appellants did not keep their promise and 2 approached the writ Court by filing SWP No. 626/2005....
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 188 OF 201.AND SWP No. 238 OF 201.1. Dr. Rajiv Gupta 2. Dr. Shyam Kumar Gupta Petitioners State Respondent !M/s A.H.Naik, R.K.Gupta,Sr.Adv. with Mr. Prem Sadotra, Adv. Mr. D. S. Chouhan, Adv. Mr. M. K. Bhardwaj, Sr. Adv. With Mr. Ajay Abrol, Adv. Mr. Ratan Lal Gupta, Adv ^Mrs. N. Goswami, Dy. AG Mr. D. C. Raina, Sr. Adv. With Mr. F. A. Natnoo, Adv. Mr. U. K. Jalali, Sr. Adv. With Ms. Megha Amla, Adv. Mr. Sunil Sethi, Sr. Adv. With Ms. Veenu Gupta, Adv. Honble Mr. Justice Hasnain Massodi, Judge Date:07. 05.2013 : :1. Dr. Rajiv Gupta- petitioner in SWP no.188/2011, after successfully undergoing MBBS course from Government Medical College Jammu in 1988 was selected for M.S in General Surgery in 1993 and acquired the degree in the year 1996. He was selected as Assistant Surgeon in 1997 and thereafter as Registrar in the Department of Surgery, Government Medical College Jammu, in November 1997. He worked as Registrar from 2 Nov. 1997 to Marc...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. SWP No. 1780 OF 200.Mohammad Shafi Hajam. Petitioners State of J&K & others Respondent !Mr. M. P. Gupta, Advocate ^Mr. D. K. Khajuria, Advocate Mr. Ravinder Sharma, AAG Honble Mr. Justice Hasnain Massodi, Judge Date:07. 05.2013 : :1. Petitioner, respondent No. 5 in the petition and other eligible candidates responded to an advertisement notice issued by Zonal Education Officer, Education Zone Gondhow Tehsil and District Doda inviting applications from eligible candidates for Rehbar.e.Taleem position in Primary School, Juddi village Bhalwana. The Village Level Committee prepared a tentative panel wherein the respondent No. 5 figured at S. No. 1 and the petitioner at S. No.22. The Zonal Education Officer Gondhow (respondent No.4) acting on the recommendation made by the Village Level Committee vide order No. ZEO 304-07 dated 10.07.2000 engaged the respondent No.5 against the advertised position.3. Petitioner, aggrieved with his non-select...
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HIGH COURT OF JAMMU AND KASHMIR AT JAMMU. OWP No. 627 OF 201.Pawan Kumar.. Petitioners V. C. University of Jammu & ors Respondent !Mr. C. M. Koul, Advocate ^Mr. W. S. Nargal, Advocate Honble Mr. Justice Bansi Lal Bhat, Judge Date:30. 08.2013 :JUDGMENT : Feeling aggrieved of respondents refusal to re-evaluate his answer scripts in subjects of Accounting and Financial Management Course No. CS-401 and Translator Design Course No. CS-403 of IVth Semester Examination of Masters in Computer Applications (MCA) Course, petitioner has filed writ petition on hand claiming following relief(s): (i) Certiorari for quashing 1-(B) in II Statute governing the re-evaluation of answer scripts, Chapter XLI i.e. Masters Degree and other Post Graduation Diploma Courses taught in the University excluding MBA, MCA LLM as illegal, arbitrary, unreasonable apparently discriminatory and thus, violative to Article 14 of the Constitution of India. (ii) Certiorari for quashing communication No. Nodal/Officer/Ex...
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M.M. Kumar, CJ: 1. The petitioner is an Advocate of this Court and has apparent interest to ensure that public authorities act in accordance with the Constitution and law. Her endeavor to achieve general welfare of the people through implementation of various provisions of Statutes has been brought to forefront by filing numerous Public Interest Litigations. 2. The present Public Interest Litigation is inspired by the activities of the cable operators for digitalization of Cable Television Services. According to the allegations made in various paras of the petition, the cable operators are misusing the newly added Section 4A of the Cable Networks (Regulation) Act, 1995 ( for brevity the Act) by forcing their subscribers to switch over to Cable Digitalization by purchasing a Set-top box which is priced at Rs.1200/-. The amount of Rs. 500/- is to be deposited in advance by March 15, 2013. The balance amount is to be paid at the time of installation of Set-top box. In that regard, relianc...
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1. The State of Jammu and Kashmir and its functionaries have filed an application with a prayer for condoning the delay of two years and 166 days in filing the accompanying Letters Patent Appeal. It is appropriate to mention that learned writ Court delivered a judgement dated 18.03.2011 in SWP No. 4178/1997 (Abdul Hamid Khan and others v. State of JandK and others). After the judgement, the Service Selection Board (for brevity Board) issued an order dated 18.06.2011, expressing its inability to make the recommendations for appointment in favour of the writ petitioners on the ground that the writ Court did not quash the selection of any candidate which might have resulted in occurrence of vacancy(ies) under Open Merit category, so as to recommend the names of the writ petitioners. It is further stated by the Board that no post under the Open Merit category had remained unfilled. Moreover, after the year 1997, the Board has made selections in various districts including Anantnag District...
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Muzaffar Hussain Attar 1. The respondents in both these Letters Patent Appeals (LPA) have been imposed punishment by the Summary General Court Martial (SGCM), which was called in question by them in two separate writ petitions. The learned writ Court, in view of the fact that common issues were involved and the punishment was outcome of a single incident and common trial by the SGCM, disposed of both the writ petitions by one common order, whereunder, the punishments imposed on the respondents-writ petitioners were set aside and respondent, Surinder Kumar, earned clear acquittal, whereas, Onkar Singh Chib was given benefit of doubt. It is this judgement, which has been called in question in these two LPAs. 2. In LPA (OWP) 115/2001, the Court by its order dated 11-09-2001 ordered for staying of the implementation of the impugned judgement. Similarly in LPA (OWP) 137/2001, on 16-03-2002, the impugned judgement was ordered to be suspended pending disposal of the Appeal. 3. For appreciatin...
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1. Director General of Police, JandK State respondent herein, on 9th March 2007, issued Advertisement Notice, inviting applications from eligible candidates for available vacancies of Constables (Operator) in JandK Police Telecommunication. The advertised posts were to carry pay scale of 2750-4400. The Advertisement Notice laid down eligibility and selection criteria to be followed while making selection. The Notice attracted huge response. In all 2788 candidates applied for advertised posts. Petitioners and private respondents in writ petitions on hand were amongst the candidates who responded to the notice. 2. Selection process, as laid down in Advertisement Notice, comprised of measurement of physical standards, outdoor tests, written test, and viva-voce or personality assessment. On completion of selection process, select list was notified vide PHQ No.2844-2609 dated 1st August 2009. Respondents instead of making selection at State or Divisional level, made selection at district le...
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