Court : Jammu and Kashmir
Reported in : 2003(3)JKJ345
V.K. Jhanji, A.C.J.1. Education is fundamental and pivotal, rather the cornerstone, to the social welfare and nation building. Looking back through history, it is found that the aspiration to have a literate society was deeply rooted in our struggle for independence, somuch so that resolutions were passed much earlier to independence by the mainstream political parties spearheading the freedom movement, for providing free and compulsory elementary education through out the country. The visionary founders of our Constitution enshrined this ideal dream of our forefathers in Articles 41 and 45 of the Constitution. The State of Jammu and Kashmir did not lag behind. The State Constituent Assembly setout identical goals for the State in Section 20 of the Constitution of Jammu and Kashmir. The Government of Jammu and Kashmir, in order to foster the social revolution, and with a view to practically implementing the constitutional directives, as aforesaid, framed law and established elementary ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(1)JKJ225
V.K. Jhanji, Chief Justice (Acting) 1. These two appeals under Clause 12 of the Letters Patent Rules have been filed against judgment dated 18th March, 2002 whereby the writ petitions, being SWP Nos. 842/2000 and 666/2000, filed by the writ petitioners, appellants herein, have been dismissed by the Learned Single Judge of this Court, up-holding the appointment of private respondents to the post of Lecturers in Paediatrics in the Jammu and Kashmir Medical Education Department. By this common order, we proceed to decide the above two appeals.2. In brief, facts of the case are that, vide notification No. 22-PSC of 1998 dated 12th October, 1998, the Jammu and Kashmir Public Service Commission (hereinafter referred to as 'the Commission') invited applications for two posts of Lecturers, one each to be selected from amongst the candidates belonging to Open Merit Category and Scheduled Caste Category, in the department of Paediatrics in the State Medical Education Department. Among other thin...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(1)JKJ438
V. K. Jhanji, Act. C.J.1. This Letters Patent Appeal is directed against judgment dated 23.10.1998 passed by the learned Single Judge in SWP No. 2302 of 1996 whereby the writ petition filed by the appellant herein has been dismissed.2. Appellant and respondent No, 4 are the members of Jammu and Kashmir Medical Education (Gazetted) Service. Appellant was appointed as Lecturer in Government Medical College, Srinagar, on 30th January, 1981 and respondent No. 4 was appointed as such on 4th November, 1976. Respondent No. 4 worked as Lecturer upto 14th March, 1978 and from 15th March, 1978 till 1st October, 1981 he remained on foreign assignment. On 1st October, 1981 he rejoined against the post of Lecturer in the Department of Surgery, Government Medical College, Srinagar, and continued on the said post till he was promoted as Assistant Professor on 31st January, 1983. The appellant was promoted to the post of Assistant Professor on 31st January, 1984. In terms of the relevant Rules, namely...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(1)JKJ418
V.K. Jhanji, Act. C.J.1. This Criminal Reference emanates from proceedings under Section 488 read with Section 489 of the Code of Criminal Procedure.2. It appears that, on an application being made before the learned Chief Judicial Magistrate, Srinagar, under Section 488 of the Code of Criminal Procedure by one Nahida, wife; and Lubna Mehraj and Hena Mehraj, two daughters, i.e., Petitioners 1 and 2; and petitioner No. 3, Owais Mehraj, son, of the respondent, the learned Magistrate, in terms of his order dated 20th August, 1997, granted Rs. 500 each as maintenance in favour of the three petitioners. Their mother, Nahida, was divorced by the respondent during the pendency of the aforesaid proceedings. At that time the maximum limit of maintenance, which could be granted by the Magistrate, was Rs. 500. Subsequently, the State of Jammu and Kashmir enacted the Jammu and Kashmir Code of Criminal Procedure (Amendment) Act, 1998 (Act No. IV of 1998). By virtue of the aforesaid amendment, besid...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ51
Y.P. Nargotra, J.1. The question arising for consideration in this case is, is Maharaja Hari Singh D.A.V. Public School a 'State' within the meaning of Article 12 of the constitution for being amenable to writ jurisdiction of this Court?The constitution to an extent defined the word 'State' in Article 12 itself as including: -'the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within The territory of India or under the control of the Government of India.'2. The 'inclusive' definition is generally not exhaustive, is a statement of the obvious and as far as Article 12 is concerned, has been held so in Ujjan Bai v. State of U.P., (1963) 1 SCR 778. The words 'State' and 'authority' remain to be used in Article 12 in general context and the content and scope of which has been and is being supplied by the courts. In the series of the judgments of the Supreme Court the latest one is a seven judge constitution ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ313
V.K. Jhanji, Acting C.J.1. These two appeals are directed against judgment dated 15th September, 2003 passed by the learned Single Judge in two writ petitions, being SWP No. 1363/2000 and 1235/2000 whereby the appointment of the appellant as Assistant Tourist Officer has been quashed, being in contravention of mandate of Articles 14 and 16 of the Constitution of India. The learned Single Judge has further directed that the vacancy caused due to quashing of the appointment of the appellant shall be advertised and filled up in accordance with the procedure prescribed by providing opportunity to all eligible candidates.2. Some facts may be noticed. Under the Jammu and Kashmir Tourism (Subordinate) Service Recruitment Rules, 1990, the posts of Assistant Tourist Officers to the extent of 50% have to be filled in by direct recruitment and 50% by promotion from class II on the basis of merit-cum-seniority with five years experience as such. The minimum qualification for direct recruitment pro...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2004J& K105,2004(2)JKJ47
S.K. Gupta, J.1. By means of this petition, the petitioner seeks quashing of the report of respondent-2 bearing No. 418-420/RPC/RSP dated 24-10-2002, by issuance of a writ in the nature of certiorari in alleging that the report has been based on deep rooted conspiracy. It is further stated that the document produced by the petitioner with regard to proof of his being permanent resident of the State is genuine, but yet respondent-2 made a false and frivolous report contrary to the record and tainted with mala fides, illegality and arbitrariness on account of old enmity with the family of the petitioner because of a land dispute between them. That respondent-2 has played a mischief by misplacing facts, on the basis of which permanent resident certificate was issued, with a purposive intent to harass and humiliate and harm the petitioner, who has been selected and appointed as a teacher and, at present, working in Government Primary School, Kotli Mirdian, R.S. Pura.2. Respondent-2 in his ...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ568
S.K. Gupta, J.1. By means of this writ petition, the petitioner seeks issuance of a writ in the nature of mandamus commanding the respondents to refrain from evicting the petitioner from Government Quarter No. 539-W, located at Top Sherkhanian, Jammu. The case of the petitioner, as projected in the writ petition, in brief, is that he is a Government employee and migrated from Kashmir Valley in 1990. The petitioner is stated to have shared the Government accommodation allotted to his brother-in-law. That after the premises was evicted by his brother-in-law, the petitioner continued to remain in possession of the premises exclusively. The grievance of the petitioner is that the respondents are now out to evict the petitioner from the said premises, without adopting due course of law.2. The claim of the petitioner has been contested by the respondents in their demurrer on variety of grounds. It is stated that the Government accommodation was allotted to one Romesh Kumar Koul, Accountant i...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004CriLJ4047
ORDERPermod Kohli, J.1. Government order No. 79-GAD (Vig). of 1999 dated 9-11-1999 and Government order No. 1590-Edu of 1999 dated 25-11-1999 are subject-matter of challenge in the present petition. Vide order dated 9-11-1999, sanction for prosecution was issued by the Government in General Administration Department (Vigilance) for prosecution of the petitioner along with other co-accused for offence under Section 5(2) Jammu and Kashmir Prevention of Corruption Act read with Section 409 and 120B, RPC. The main ground of challenge to this order is contained in ground (a) of the writ petition.2. What is urged is that the General Administration Department (GAD) of the Government has no competence to issue sanction for prosecution of the petitioner who belongs to the Education Department of the State Government and it is only the appointing authority who is entitled to remove the petitioner from the service, and is competent to grant sanction for prosecution. Reference is made to Section 6...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(1)JKJ576
Permod Kohli, J.1. Common questions of law and fact are involved in the present petitions.2. Reply has been filed only in SWP No. 491/2003, which is considered to be common in all the petitions as all the petitions have been heard on the basis of the reply filed in the afore-said petition, with the consensus of the learned counsel for the parties.3. The only question involved in the present petitions relate to the validity of the stipulation of 'two years actual experience at the bar' as prescribed in the advertisement notice for the post of prosecuting officer.4. Director General of Police issued advertisement notice published in Kashmir Times, a local English Daily, inviting applications for the post of Prosecuting Officers and last date for receipt of application forms was 31-3-2003. As many as 53 vacancies were advertised, 29 in the Open Merit Category and rest of the vacancies in reserved categories as prescribed in the notification. Column II of the afore-said advertisement notic...
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