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2019 DAILYLAW 587 (JK)

RAKESH KUMAR v. RIGZIN SAMPHEAL SECY. EDUCATION DEPTT. AND ORS.

CCP(S)/632/2019 · 2026-05-15

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Judgment text

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Sr. No. 46 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (THROUGH VIRTUAL MODE) CCP(S)/632/2019 RAKESH KUMAR …Petitioner(s)/appellant(s) Through: None Vs. RIGZIN SAMPHEAL SECY. EDUCATION DEPTT. AND ORS. ...Respondent(s) Through: Ms. Saliqa Sheikh, Assisting Counsel vice Mr. Raman Sharma, AAG CORAM: HON’BLE THE CHIEF JUSTICE O R D E R 15-05-2026 Vide this petition, the petitioner seeks initiation of contempt proceedings against the respondent for willful defiance of the order dated 12.09.2017 rendered in SWP No.2246/2017 (Rakesh Kumar versus State of J&K and others). A bare reading of the order, referred to above, reveals that the petition preferred by the petitioner was disposed of by the Writ Court with a direction to the respondents to consider the claim of the petitioner, as per rules, and having regard to the judgments that were being relied upon by the learned counsel for the petitioner i.e. (Safia Begum V/s State and others), reported as 2010 (1) 251 (HC) and SWP No.1236/1997 titled (Sureksha Rani Versus State of J&K and others), provided the same were applicable to the petition in hand. And to pass the consideration order within two months. Shameem Hamid Mir 2026.04.16 10:05 I attest to the accuracy and integrity of this document Learned counsel for the respondents submits that statement of facts on behalf of respondent-Chief Education Officer, Kathua has been filed. She has drawn attention of the court to the order dated 26-02-2020 (Annexure R-1), appended with the response/objections, and submits that the case of the petitioner was examined/considered in the light of directions dated 12-09-2017 by the competent authority and, vide order dated 26-02- 2019, the same has since been rejected being devoid of merit. The petition at hand is pending since 2019 and nearly seven years have gone by. None is present either on behalf of the petitioner to point out if anything actually survives in the matter. That being so, the Court is choice less but to dismiss the petition for non-prosecution. (ARUN PALLI) CHIEF JUSTICE SRINAGAR 15-05-2026 Shameem H. Shameem Hamid Mir 2026.04.16 10:05 I attest to the accuracy and integrity of this document