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2025 DAILYLAW 5296 (JK)

UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS v. DEEPAK SHARMA AND OTHERS

LPA/249/2024 · 2025-07-08

Rajnesh Oswal

body2025

Judgment text

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Sr. No. 1 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU (Through VC) LPA 249/2024 UT OF J AND K TH. COMMISSIONER SECRETARY TO GOVERNMENT HOME DEPARTMENT, JAMMU AND OTHERS …Petitioner(s)/appellant(s) Through: Ms. Monika Kohli, Sr. AAG Vs. DEEPAK SHARMA AND OTHERS ...Respondent(s) Through: CORAM: HON’BLE THE CHIEF JUSTICE HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE O R D E R 08-07-2025 Vide impugned order dated 29.11.2024, the learned Single Judge had directed the appellants to consider the candidature of the respondents (petitioners in the writ petition) and they were permitted to take the examination that was scheduled for 01.12.2024, for selection to the post of Constable. Apparently, over 6 months have gone by post order dated 29.11.2024 (ibid). Upon being pointedly asked, learned counsel for the appellants concedes that pursuant to the impugned order the private respondents appeared in the examination. Though their results have not been declared. She submits that during the pendency of the present appeal, the appellants have also moved an application before the Writ Court on 30.06.2025 seeking modification of the impugned order which is pending consideration. Ex facie, the order that is being assailed is provisional in nature and subject to the final decision of the petition. We are informed that the Junaid Ayoub I attest to the accuracy and authenticity of this document pleadings in the petition filed by the respondents are complete and the matter is now posted for 20.08.2025. Having argued the matter at some length, learned counsel for the appellants submits that, in the given circumstances, it would rather be expedient if the appeal is disposed of to enable the appellants to pursue the matter before the Writ Court itself. However, she submits that the matter being time-sensitive and owing to the pendency of the petition, the rights/interests of the appellants are severely impaired. Accordingly, it is urged that the Writ Court be directed to decide the matter within a specified time. In the wake of the position sketched out above, and in terms of the statement made by learned counsel for the appellants, the appeal is, accordingly, disposed of. We are sanguine that considering the rights/interests of all the stakeholders to the lis and the questions that arise for consideration, the learned Single Judge would make every possible endeavor to try and decide the matter as expeditiously as possible. (RAJNESH OSWAL) (ARUN PALLI) JUDGE CHIEF JUSTICE SRINAGAR 08-07-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document