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2023 DAILYLAW 795 (JK)

JUNAID JAVID KHAN v. UNION TERRITORY OF J AND K AND OTHERS (SCHOOL EDUCATION)

WP(C)/1579/2023 · 2026-01-28

Moksha Khajuria Kazmi

Writ Petition (Civil)body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 42 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 1579/2023 C/W WP(C) 1501/2023 JUNAID JAVID KHAN …Appellant(s)/Petitioner(s) Through: Mr. Syed Sajad Geelani, Advocate Vs. UNION TERRITORY OF J AND K AND OTHERS ...Respondent(s) Through: Mr. T.M. Shamsi, DSGI with Ms. Bisma, Advocate Mr. Mir Majid Bashir, Advocate CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 28.01.2026 1. Since the instant petitions have been preferred by the petitioners on the same cause, as such, WP(C) No. 1579/2023 and WP(C) No. 1501/2023 are taken together for disposal. WP(C) 1579/2023: 2. Petitioner herein is seeking direction upon respondent No. 1 to 3 to correct his Date of Birth from 07.05.1998 to 11.04.1996, strictly on the basis of the official record, with a further direction upon respondent No. 4 and 5 to process the case of the petitioner for compassionate appointment in accordance with the actual D.O.B, i.e., 11.04.1996, which, as per the petitioner, has to be corrected by respondent Nos. 2 and 3. WP(C) 1501/2023: 3. Petitioner herein is seeking direction upon respondent Nos. 1 to 3 to correct the D.O.B from 24.12.1997 to 14.07.1994 and further to process the case of the petitioner for compassionate appointment in accordance with the actual D.O.B of the petitioner i.e., 14.07.1994. 4. Reply stands filed by respondents, it is stated that on the basis of the record maintained by the respondent-Board, the petitioner herein has not submitted any application in the prescribed format before respondent board authorities, as envisaged under Rule 15 of the J&K Board Of School Education Rules/regulations, 1992. As such, the D.O.B of the petitioners cannot be corrected. Moreover, there is no variation vis-à-vis the record maintained by the School and the Board authorities. 5. Learned counsel for the petitioner states that the petitioners in both the petitions would feel satisfied if the instant petitions are considered as representation by the respondents and respondents be directed to pass a speaking order. 6. Be that as it may, the instant petitions WP(C) 1579/2023 & WP(C) 1501/2023 are disposed of, without expressing any opinion on the merits of the case, thereby directing the respondent Nos. 2 and 3 to consider writ petitions of the petitioners as representation, within a period of one month from the date a copy of this order, along with copy of the writ petitions and annexures are made available to them, by passing a speaking order thereof. 7. Respondent Nos. 4 and 5 are also directed to act upon the consideration order to be passed by respondent Nos. 2 and 3 in both petitions, strictly in accordance with law. 8. Disposed of. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 28.01.2026 “Misba”