Extracted from the PDF above. The PDF is authoritative.
Sr. No.11 Regular List IN THE HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
SWP No. 300/2014 Nusrat Nabi …Petitioner(s)/appellant(s) Through: None Vs. State and others ...Respondent(s) Through: Mr. Furqan Sofi, GA CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE
O R D E R 10.02.2025
1. The cause of action for the institution of this writ petition was issuance of advertisement notice No. ACD/Plg/NREGA- Staff/1213/9359-80 dated 14.08.2012, which was meant for the engagement of Gram Rozagar Sahayak (GRS) on contractual basis. The Blocks forming subject matter of engagement were Blocks Pattan, Kunzer and Tangmarg. 2. The petitioner being a graduate and B.Ed, is said to have applied for Halqa (F) Palhallan Pattan Baramulla and is said to have appeared in the interview conducted vide advertisement notice dated 05.02.2014, but the petitioner’s credentials for selection came to be under scanner on account of being not of panchayat Halqa Palhallan and rather having migrated from Halqa Palhallan F to HMT Srinagar in connection with the employment & her father and to that extent the petitioner and Arif Hameed I attest to the accuracy and authenticity of this document 17.02.2025
her parental family was shown to be resident of Zainkoot HMT, Srinagar, on permanent basis and that led to the disqualification of the petitioner’s claim. 3. From the reply submitted by the respondent No. 5-BDO, Pattan Baramulla, Kashmir to the writ petition filed by the petitioner, this Court does not come across with any factual averment that before condemning the petitioner to suffer rejection of her candidature on the purported ground of not being actual resident of Halqa Palhallan F rather being resident of Zainkoot HMT, Srinagar, any opportunity of explanation was ever extended to the petitioner by the authorities/official concerned and thus, condemned the petitioner without affording any opportunity of hearing to suffer civil consequences of loosing of an opportunity of aspiring for a public engagement even if being of a contractual nature which was to be availed by her on the basis of her residency. 4.
4. However, given the fact that the time was of essence in the adjudication of this writ petition which ought to have taken place in the year of its institution itself in 2014, as such, in the month of February, 2025 when this Court is coming across with this writ petition, this Court finds that the writ petition has been rendered infructuous by the afflux of time and no purpose except academic one would get served in allowing the writ petition and accordingly this petition is dismissed with a rider Arif Hameed I attest to the accuracy and authenticity of this document 17.02.2025
that in case if the petitioner would come across with an opportunity of applying again by reference to her residency of Halqa Palhallan F the dismissal of this writ petition will not be read against the petitioner. (RAHUL BHARTI)
JUDGE
SRINAGAR 10.02.2025 ARIF
Arif Hameed I attest to the accuracy and authenticity of this document 17.02.2025