Sr. No. 17 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through VC) LPA/183/2025 CM/5570/2025 PARVIZ AKHTER …Petitioner(s)/appellant(s) Through: Himanshu Beotra, Advocate Vs. UNION TERRITORY OF JAMMU AND KASHMIR THROUGH SOCIAL WELFARE DEPTT AND ORS ...Respondent(s) Through: Mr. M. A. Sidiqui, Advocate Mr. Ravinder Gupta, AAG CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 02-09-2025 Learned counsel for the appellant submits that ex facie, the impugned order and judgment is centered on the Jammu and Kashmir Social Welfare (Non-Gazetted) Service Recruitment Rules, 1991 (SRO-287 dated 26.09.1991), whereas the said Rules had been superseded by the Jammu and Kashmir Social Welfare (Subordinate) Rules, 2009. Therefore, he asserts that the impugned judgment is liable to be set aside on that score alone. Mr. M. A. Sidiqui, learned counsel for the caveator, does not dispute the factual position indicated above. Hence fairly submits, that in the given circumstances, the impugned order and judgment dated 18.07.2025, is required to be set aside and the matter be remitted to the writ Court. In the wake of the above, we are not required to delve any further into the matter. Accordingly, in terms of the statement made by learned counsel for the parties, the impugned order and judgment dated 18.07.2025, is set aside. The matter is remitted to the leaned Single Judge for reconsideration and for decision afresh in accordance with law. Parties, through their counsel, shall appear before the writ Court on 15.09.2025. Needless to assert that this order shall not constitute any expression of opinion on the case of the either party. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 02-09-2025 Aadil