SUDERSHAN SINGH AND OTHERS v. UNION TERRITORY OF JAMMU AND KASHMIR TH SECRETARY EDUCATION DEPTT AND OTHERS
WP(C)/526/2021 · 2026-03-02
Sanjay Dhar
Writ Petition (Civil)body2021
DailyLaw.ai
[ 2021 DAILYLAW 714 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 714 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(C) No. 526/2021 CM No. 2491/2021
Sudershan Singh & Ors.
…..Petitioner(s)
Through: Mr. Mumtaz Choudhary, Advocate.
Vs
UT of J&K & Ors. .…. Respondent(s)
Through: Mr. Raman Sharma, AAG with Ms. Saliqa Sheikh, Advocate.
Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE
ORDER 02.03.2026
01. The petitioner, through the medium of present petition, has sought the following reliefs: (a) Allow the present writ petition. (b) Quash the impugned provision i.e. Section 3 (b) of the J&K Civil Services (Special Provisions) Act, 2010, to the extent of excluding the persons appointed on academic arrangement from the applicability of Act be declared ultra-virus to the Constitution and therefore, may be struck down accordingly, as same shall be in the interest of justice. Section 10 (2) and 10 (2A) also be struck down accordingly. (c) Direct the respondents to regularize the services of petitioners in terms of J&K Civil Services (Special Provisions) Act of 2010 and to allow the petitioners to continue their service in their respective place of posting/Centres; (d) Command the respondents not to replace or Regular List Sr. No. 88
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substitute the petitioners by any other contractual appointee or by transferring from their respective Govt. Higher Secondary School to any other institution till their case is fixed for confirmation/regularization against the post of Lecturer in their respective disciplines are concerned. (e) Command the respondent may be directed to extent all consequential benefits of the Act of 2010 to the petitioners also and the respondents be
directed to pay the wages of the petitioners accordingly in terms of regularization order issued.
02. So far as, relief clauses-(b), (c) & (e) quoted above, are concerned, the same have become redundant because J&K Civil Services (Special Provisions) Act of 2010 stands repealed. With regard to relief clause-(d), learned counsel for the respondents has submitted that the petitioners were engaged on an academic arrangement basis and all of them stand disengaged during the year 2018-19. Thus, relief sought under clause-(d) is not available to the petitioners.
03. In view of the above, the writ petition has been rendered infructuous and is, accordingly, disposed of.
(SANJAY DHAR) JUDGE Jammu 02.03.2026 Shivalee
Shivalee Khajuria 2026.03.05 11.55 I attest to the accuracy and integrity of this document Jammu